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STATE OF NEW YORK 



The Conservation Law 



IN RELATION TO 



FISH AND GAME 



^S AMENDED BY THE LEGISLATURE OF NINETEEN 
HUNDRED AND TWELVE 



I 



ijJ^ 



r Albany 

J. B. Lyon Company, State PRiNTEas 
1912 

/ 2 ' i 



STATE OF NEW YORK 




Conservation Commission 



GEORGE E. VAN KENNEN 
JAMES W FLEMING 
JOHN D. MOORE 

Commissioners 

ALBERT E. HOYT, 

Secretary to Commission 



General Offices: 

21-23 Washington Ave. 

Albany, N. Y. 



TABLE OF CONTENTS. 



Paqb 

The Conservation Law, State of New York, relative to fish 
and game (Art. V., of Chap. 647, Laws of 1911, as amended 

by Chapter 318, Laws of 1912) 3 

Index to the Conservation Law, relative to fish and game. . 113 

Syllabus of the Conservation Law, relative to fish and game. 159 
Rules and Regulations of the Conservation Commission in 

relation to fish and game 179 

APPENDIX. 

The Lacey Act (U. S. Statute, Chap. 553, 1900) 195 

Synopsis of the Conservation Law, State of New York, 

relating to lands, forests, and public parks 201 

Miscellaneous statutes, relative to lands and forests 245 

Rules and Regulations, Forest Preserve and St. Lawrence 

Reservation 259 

Information for Campers 261 

Forest Dont's 263 

Order Prohibiting the Taking of Bass in Lake Gaorge 264 

Roster of Game Protectors 267 

Roster of District Forest Rangers and Forest Rangers 270 

Court Procedure under the Conservation Law, as Amended 

by Chapter 444, Laws of 1912 280 



RULE. 

(Adopted by the Conservation Commission May 21, 1912, to 
take effect immediately). 



Rule 1-a — Food fish, other than migratory food 
fish of the sea within the limits of the marine dis- 
trict, shall not be taken by any person in any 
manner other than angling or in the manner ex- 
pressly permitted by a license or permit duly issued 
by the Commission. 



CONSERVATION LAW 



r 



In Relation to Fish and Game. 



Chapter 318, Laws of 1912. 

AN" ACT to amend the conservation law, in re- 
lation to fish and game. 

Became a law April 15, 1912, with the approval of the Governor 
Passed, three-fifths being present. 

The People of the State of Neio York, represented 
in Senate and Assembly, do enact as follows: 

Section 1. Article five of chapter six hundred 
forty-seven of the laws of nineteen hundred and 
eleven, entitled "An act relating to conservation of 
land, forests, waters, parks, hydraulic power, fish 
and game, constituting chapter sixty-five of the 
consolidated laws," is hereby repealed and a new 
article inserted in place thereof, to be known as 
" article five," to read as follows : 




4 Conservation Law. 

ARTICLE V. 

Fish and Game. 

Part I. Powers of commission (§§ 150-160). 
II. Game protectors (§§ 165-172). 

III. Ownership; Manner of taking; Posses- 

sion; Transportation and sale of wild 
game and fish restricted (§§ 175-182). 

IV. Licenses, hunting and trapping (§§ 185- 

187). 
V. Quadrupeds (§§ 190-203). 
VL Birds (§§ 210-223). 
VIL Fish {§§ 230-257). 
VIIL Nets and netting (§§ 270-284). 
IX. Fishways (§§ 290-293). 
X. Marine fisheries (§§ 300-335). 
XL Private parks (§§ 360-366). 
XII. Breeding; Importation and sale of fish 
and game (§§ 370-376). 
XIII. Definitions and constructions (§§ 380- 
384). 

PART I. 

Powers and Duties of Commission. 

Section 150. General powers and duties of commis- 
sion. 

151. Fish culturist. 

152. Power to prohibit or regulate the tak- 

ing of fish or game. 

153. Close seasons established. 



Conservation Law. 5 

Section 154. Power of commission to dispose of fish 
and game seized. 

155. Power to take fish. 

156. Power to purcliase fish eggs. 

157. Power to acquire beaver, deer, moose or 

elk. 

158. Power to take birds and quadrupeds. 

159. Certificate to collect or possess for 

propagation, scientific or exhibition 
purposes. 

160. Compilation of forest, fish and game 

law. 

161. Observance of rules and regulations; 

penalty. 

Section 150. General powers and duties of com- 
mission. The commission shall have charge, control 
and management of the propagation and destribu- 
tion of food and game fish, shell-fish Crustacea, and 
game. It shall have the conduct and control of all 
hatching and biological stations and game farms 
owned, operated or hereafter acquired by the state. 
The commission shall have charge of the enforce- 
ment of all laws for the protection of fish, shell- 
fish, Crustacea, birds and quadrupeds; lands under 
water w^hich have been or shall be designated, sur- 
veyed and mapped out pursuant to law, as oyster 
beds or shell-fish grounds, and power to grant leases 
of land under water for shall-fish culture according 
to law; power to make rules regulating the trans-. 



Conservation Laic. 



portation, importation and exportation of game, fish, 
shell-fish and Crustacea, and tlie taking of fish in 
any manner, other than angling, except as to mi- 
gratory food fish of the sea within the limits of the 
marine district; the gi'anting of licenses where the 
same are prescribed by law, the fixing of fees there- 
for and the* terms thereof, and such other powers 
and duties as are or may be imposed upon said 
commission by law. 

§ 151. Fish culturist. The commission shall ap- 
point a fish culturist who shall have charge under 
the direction of the commission of the culture of 
fish and shell-fish in the state. He shall receive 
an annual salary of four thousand dollars, and his 
actual and necessary traveling expenses while in the 
performance of his official duty. 

§ 152. Petition for additional protection; notice 
of hearings; power to grant additional protection; 
notice of prohibition or regulation; penalties. 

1. Petition for additional protection. Any citizen 
of the state may file with the commission a petition 
in writing requesting it to give to any species of 
fish, other than migratory food fish of the sea, or 
game protected by law additional or other protection 
than that afforded by the provisions of this article. 
Such petition shall state the grounds upon which 
such protection is considered necessary, and shall be 
signed by the petitioner with his address. 



Conservation Law. 7 

2. Notice of hearings. The commission shall 
hold a public hearing in the locality or county to 
be affected upon the allegations of such petition 
within twenty days from the filing thereof. At least 
ten days prior to such hearing notice thereof, stat- 
ing the time and place at which such hearing shall 
be held, shall be advertised in a newspaper published 
in the county to be affected by such additional or 
other protection. Such notice shall state the name 
and the address of the petitioner, together with a 
brief statement of the grounds upon which such ap- 
plication is made, and a copy thereof shall be mailed 
to the petitioner at the address given in such peti 
tion at least ten days before such hearing. 

3. Power to grant additional protection. If 
upon such hearing the commission shall determine 
that such species of fish or game, by reason of 
disease, danger of extermination, or from any other 
cause or reason, requires such additional or other 
protection, in any locality or throughout the state, 
the commission shall have power to prohibit or 
regulate, during the open season therefor, the taking 
of such species of fish or game. Such prohibition 
or regulation may be made general throughout the 
state or confined to a particular part or district 
thereof. 

4. Notice of prohibition or regulation. Any 
order made by the commission under the provisions 
of this section shall be signed by it, and entered in 
its minute book. At least tnirty days before such 



S Conservation Lato, 

prohibition or regulation shall take effect, copies of 
the same shall be filed in the office of the clerk is- 
suing hunting and trapping licenses for the district 
to which the prohibition or regulation applies. It 
shall be the duty of said clerks to issue a copy of 
said prohibition or regulation to each person to 
whom a hunting or trapping license is issued by 
them; to mail a copy of such prohibition or regula- 
tion to each holder of a hunting and trapping license 
theretofore issued by them and at that time in effect, 
and to post a copy thereof in a conspicuous place 
in their office. At least thirty days before such pro- 
hibition or regulation shall take effect the com- 
mission shall cause a notice thereof to be advertised 
in a newspaper published in the county wherein such 
prohibition or regulation shall take effect. 

5. Penalties. Any person violating the pro- 
visions of such prohibition, rule or regulation shall 
be guilty of a misdemeanor and shall; upon con- 
viction, be subject to a fine of not to exceed one 
hundred dollars, or shall be imprisoned for not more 
than tnirty days, or both, for each offense, in addi- 
tion to the penalties hereinafter provided for taking 
fish, birds or quadrupeds in the close season. 

§ 153. Close season established; penalties. The 
commission may, on the request of a majority of 
the town board of any town, prohibit or regulate 
the taking of birds or game on lands set aside, with 
the consent of the owner or owners thereof, as bird 



Conservation Law, 9 

and game refuges for a period of not to* exceed ten 
years from the date set in the application. On a 
like request, when fish have been or shall be placed 
in waters of a town at the expense of the state, 
the commission may prohibit or regulate the taking 
of fish from such waters, for not to exceed five years 
from the first day of May next after such fish have 
been furnished. At least thirty days before such 
prohibition, rule or regulation shall take eff'ect, a 
copy of the same shall be filed in the office of the 
clerk of the town to which the prohibition, rule or 
regulation applies. Printed notices of such pro- 
hibition, rule or regulation, at least one foot square, 
shall be posted along the boundaries of the land, 
or along the shores' or banks of the waters affected, 
not more than fifty rods apart. 

Penalties. Any person who shall violate or at- 
tempt to violate any such prohibition, rule or regu- 
lation is guilty of a misdemeanor, and shall, upon 
conviction, be subject to a fine of not to exceed one 
hundred dollars, or shall be imprisoned for not 
more than thirty days, or both, for each offense, in 
addition to the penalties hereinafter provided for 
taking fish, birds or quadrupeds in the close season. 

§ 154. Power of commission to dispose of game 
and fish seized. Whenever any fish, birds or quad- 
rupeds, or parts thereof, are found in the possession 
or under the control of a person contrary to law, 



10 Conservation Law. 



1 



said fisli, Ijirds or quadrupeds, or parts thereof, shall 
be seized and conliscated in tlie name of the state, 
and the commission may in its discretion sell the 
same, or otherwise dispose of it, as the said com- 
mission may deem for the best interest of the state, 
and the same may be transported at any time for 
such purpose. 

§ 155. Power to take fish. The commission may 
take fish with nets at such times and in such manner 
as it may deem proper for the artificial propagation 
of fish. The commission may also remove, permit or 
cause to be removed from public or private waters, 
fish which hinder or prevent the propagation of 
game or food fish. Such removal shall be effected 
by any means and under such regulations as the 
commission may provide. Fish taken under this 
section may be disposed of and possessed under such 
regulations as the commission may establish. Any 
person not in charge of a state net who shall handle 
or take fish while confined therein, or shall fish 
wathin one hundred feet of any leader or net in use 
by the state shall be guilty of a misdemeanor. 

§ 156. Power to purchase fish eggs. The commis- 
sion may purchase from any person, fish eggs, pay- 
ing for same in cash, or giving in exchange or in 
consideration therefor, a percentage of the young 
fish hatched or produced at any of the fish hatch- 
eries of the state from the eggs so purchased: and 
the placing of such young fish in waters on lands 



Conservation Law. 11 

of such persons shall not be deemed a stocking of 
such waters with fish by the state, or fish from 
state hatcheries. 

§ 157. Power to acquire beaver, deer, moose or elk 
^y gi^t, purchase or capture. The commission may 
acquire by gift, purchase or capture a sufficient 
number of beaver, deer, moose or elk to stock the 
Adirondack region, and may care for and yard the 
same temporarily and liberate them in such region 
and at such times and places as it deems most con- 
ducive to their probable subsistence and increase. 
Deer may be taken alive at any time by the com- 
mission to restock the state's deer parks or to 
exchange for elk or moose. 

§ 158. Power to take birds and quadrupeds. In 

the event that any species of birds protected by the 
provisions of section two hundred and nineteen of 
this article, or quadrupeds protected by law, shall 
at any time, in any locality, become destructive of 
private or public property the commission shall 
have power in its discretion to direct any game 
protector, or issue a permit to any citizen of the 
state to take such species of birds or quadrupeds 
and dispose of the same in such manner as the com- 
mission may provide. Such permit shall expire 
within four months after the date of issuance. 

§ 159. Certificate to ccllect or possess for propa- 
gation, scientific or exhibition purposes. The com- 



12 Conservation Law. 



^ 



mission may issue a certificate which shall be 
revocable at its pleasure to any person, permitting 
the holder to collect or possess quadrupeds, birds, 
birds' nests or eggs for propagation, scientific or 
exhibition purposes. Before such certificate is 
issued, every applicant, except a game protector, 
duly chartered museum or society incorporated for 
scientific or public exhibition purposes, or an officer 
thereof, must file written testimonials from two 
well known scientific men; pay one dollar for the 
expense of issuing the certificate, and must file a 
bond in the penal sum of two hundred dollars with 
two responsible sureties, to be approved by the 
commission, conditioned that he will not violate the 
provisions of this article or avail himself of the » 
privileges of said certificate for purposes other than 
as herein set forth. Persons receiving such certifi- 
cates must report the result of collections made 
thereunder annually to the commission, at the ex- 
piration of the license. Such certificate shall be in 
force for one year only from the date of issue and 
shall not be transferable. 

§ i6o. Compilation of forest, fish and game law. 

As soon as practicable after the adjournment of the 
legislature in each year, the commission shall make 
a compilation of the fish and game law, as amended 
at the date of such compilation, and properly index 
the same. Copies of said compilation sufficient in 
number for the purposes of this section shall be 



Conservation Law. 13 

printed in pamphlet form of pocket size, under the 
direction of tlie clerks of the senate and assembly, 
and such clerks shall distribute them as follows: 
One hundred copies to each senator; fifty copies' to 
each assemblyman; fifteen thousand copies to the 
commission for general distribution. It shall be 
the duty of the commission to prepare and issue a 
syllabus of the fish and game law as amended at 
the date of such compilation, and to supply and 
deliver to county, city and town clerks one copy 
of same for each person procuring a hunting or 
trapping license. Each person procuring a hunting 
or trapping license is entitled to one copy of said 
syllabus. 

§ i6i. Observance of rules and regulations; pen- 
alty. Every person shall obey, observe and comply 
with every order or rule made by the commission, 
under authority of this article; any person violating 
or attempting to violate any such rule or order shall 
be liable to a penalty of fifty dollars, unless other- 
wise specifically provided. 

PART II. 

Game Protectors. 
Section 165. Number and designation. 

166. Rating of game protectors. 

167. Game protectors to give bonds. 

168. Compensation of game protectors. 



14 Conservation Laic. 

Section 169. Powers of game protectors. 

170. Records and reports. 

171. Special game protectors. 

172. Sheriffs and constables. 



1 



Section 165. Number and designation. The com- 
mission shall appoint one himdrcd twenty-Jfive game 
protectors. The commission shall designate from 
the protectors a chief game protector, a deputy chief 
game protector, twelve division chief protectors, five 
fisheries protectors, and a protector for the Saint 
Lawrence river. The present chief game protector 
shall continue to be chief game protector, the pres« 
ent assistant chief game protectors shall continue 
to be division chief game protectors, the present 
Jamaica Bay protectors shall continue to be fish- 
eries protectors, the present fisheries protectors shall 
continue to be fisheries protectors, the present pro- 
tector for the Saint Lawrence river shall continue 
to be a game protector and the present game pro-* 
tectors shall continue to be game protectors. The 
chief game protector shall have general supervision 
and control of all protectors. 

§ 166. Rating of game protectors. The commis- 
sion shall have power to remove, to suspend without 
pay, to reduce in rank, to act as a trial board in 
hearing and passing upon charges, and to rate all 
game protectors and fisheries protectors on the basis 
of merit and efficiency, in accordance with the pro- 
visions of the state civil service law. It shall rate 



Conservation Law. 15 

all protectors on the basis of merit and efficiency 
in three grades, to be known as the first, second 
and third grades. Protectors rated in the first and 
second grades shall not be removed unless furnished 
with reasons for removal and given a hearing. The 
commission is empowered to make such rules and 
regulations as in its judgment are required to secure 
a proper rating of the protectors, or to carry out 
the provisions of this section. 

§ 167. Game protectors to give bonds. The chief 
game protector shall give a bond to the people of 
the state in the sum of one thousand dollars con- 
ditioned for the faithful discharge of his duties, 
with sureties to be approved by the commission. 
Every game protector shall give a like bond in the 
sum of five hundred dollars. 

§ 168. Compensation of game protectors. The 
chief game protector shall receive an annual salary 
of three thousand one hundred dollars, and his 
actual and necessary expenses while in the discharge 
of his official duties, not exceeding one thousand 
dollars a year. The deputy chief game protector 
shall receive an annual salary of twenty-four hun- 
dred dollars and his actual and necessary traveling 
expenses not exceeding one thousand dollars a year 
while in the performance of his official duties. Each 
division chief protector shall receive an annual sal- 
ary of sixteen hundred dollars, and his actual and 



16 Conservation Law. 

necessary traveling expenses, not exceeding seven 
hundred and fifty dollars a year. Each fisheries 
protector shall receive an annual salary of thirteen 
hundred dollars, and his actual and necessary travel- 
ing expenses, not exceeding seven hundred and fifty 
dollars. Each game protector shall receive an an- 
nual salary of nine hundred dollars and his actual 
and necessary traveling expenses, not exceeding six 
hundred dollars, provided, however, that each game 
protector who shall have been rated in the first 
grade for a full year shall receive increased salary 
at the rate of fifty dollars per annum for that 
year, and for each succeeding year that he shall so 
qualify until he shall receive the sum of thirteen 
hundred dollars per annum. Game protectors rated 
in the first grade only shall be eligible for promo- 
tion. 

§ i6g. Powers of game protectors. Game pro- 
tectors, fire patrolmen, and fisheries protectors shall 
enforce all laws relating to fish, birds and quadru- 
peds; all laws of boards of supervisors relating 
to the same; and shall have power to execute all 
warrants' and search warrants issued for a violation 
of this article; to serve subpoenas issued for the ex- 
amination and investigation or trial of oflfenses 
against any of the provisions of said law; to make 
search where they have cause to believe that fish, 
birds or quadrupeds, or any parts thereof, are pos- 
sessed in violation of law, and without search war- 



Conservation Law. 17 

rant to examine the contents of any boat, car, box, 
locker, basket, creel, crate, game bag or other pack- 
age, and the contents of any building other than a 
dwelling house, to ascertain whether any of the pro- 
visions' of this article or of any law for the protec- 
tion of fish, shell-fish, birds and quadrupeds have 
been or are being violated, and to use such force as 
may be necessary for the purpose of such examina- 
tion and inspection; and with a search warrant to 
search and examine the contents of any building or 
dwelling house; seize all quadrupeds, birds or fish, 
or 9inj parts thereof possessed in violation of law, 
or showing evidence of illegal taking, and hold the 
same subject to the order of the commission; to 
arrest without warrant any person committing a 
misdemeanor under the provisions of this article in 
their presence, and take such person immediately 
before a magistrate having jurisdiction for trial, 
and to exercise such other powers of peace officers 
in the enforcement of the provisions of this' chapter, 
or of judgments obtained for violations thereof as 
are not herein specifically provided. Any regular 
or special game protector, fisheries protector, fire 
superintendent or fire patrolman or inspector who 
shall compromise or settle any violation of the fish 
and game law out of court, or without the order of 
the commission shall be guilty of a misdemeanor. 

§ 170. Records and reports. The chief game pro- 
tector and division chief protectors shall make such 



18 Conservation Law. 

reports as are required by the commission. Each 
game protector shall keep a daily record of his offi- 
cial acts, and report the same at the close of each 
week to the division chief of his division, and 
similarly report at the close of each month to the 
chief game protector. The salary and traveling ex- 
penses of a game protector shall not be payable ex- 
cept upon the certificate of the chief game pro- 
tector that such protector has made the required 
report and properly performed his duty. 

§ 171. Special game protectors. The commission 
may in its discretion appoint a person as special 
game protector, and for this purpose may receive 
the recommendation of a majority of the super- 
visors of any county, or of any game club incor- 
porated for the protection of fish and game. Such 
special game protectors shall hold office during the 
pleasure of the commission, and shall have the 
same powers as game protectors'^ and receive one- 
half of the fines and penalties less expenses. They 
shall make reports as required by the commission. 

§ 172. Sheriffs and constables. Peace officers shall 
have tlie same powers as game protectors under this 
article, except the right to search without warrant. 



Conservation Law. 19 

PART III. 

Ownership; Manner of taking; Limit; Possession; 
Sale and Transportation of Wild Game and 
Fish Restricted. 

Section 175. Ownership. 

176. Taking, limit, possession, sale and 

transportation of fish and game re- 
stricted. 

177. Manner of taking fish and game. 

178. Transportation, general, within the 

state; out of the state; into the 
state. 

179. Transportation, special. 

180. Prohibited, sale of certain game birds. 

181. Presumptive evidence. 

182. Penalties. 

Section 175. Ownership. The ownership of, and 
the title to all fish, birds and quadrupeds in the 
state of New York, not held by private ownership, 
legally acquired, is hereby declared to be in the 
state. No fish, birds or quadrupeds shall be caught, 
taken or killed in any manner or at any time or 
had in possession, except the person so catching, 
taking or killing or having the same in possession 
shall consent that the title to such fish, birds and 
quadrupeds shall be and remain in the state of New 
York for the purpose of regulating and controlling 
the use and disposition of the same after such 



20 Conservation Law. 

catching, taking or killing, except that the title to 
such fish, birds or quadrupeds legally taken shall 
vest in the person so taking or possessing the same, 
subject to the restrictions and provisions of law. 

§ 176. Taking, limit, possession, sale and transpor- 
tation of game and fish restricted. No person shall 
at any time of the year, pursue, take, wound or kill, 
in any manner, number or quantity, any fish, quad- 
rupeds or birds protected by law, or buy, sell, offer, 
or expose the same, or any part thereof, for sale, 
transport, or have the same in possession except as 
permitted by this article. Tip-ups, set and trap 
lines, spears, grappling hooks, naked hooks, snatcli 
hooks, eel weirs and eel pots shall not be used to 
take fish except as specifically permitted by this 
article. Any person doing any act prohibited by 
this article with reference to such fish, quadrupeds 
or birds or in aid of such prohibited taking, posses- 
sion, purchase, sale or transportation, shall be 
deemed to have violated this section. 

§ 177. Manner of taking fish and game. 

1. Manner of taking game. Game protected by 
law shall only be taken in the day time after sun- 
rise and before sunset with a gun fired at arm's 
length, without rest, unless otherwise specifically 
permitted by this article. A person may take birds 
and quadrupeds, during the open season therefor, 
with the aid of a dog, unless' specifically prohibited 
by this article. 



Conservation Law. 21 

2. Manner of taking fish. Fish protected by law- 
shall only be taken by angling, unless otlierwise 
specifically permitted by this article. In case any 
fish or Crustacea is unintentionally taken contrary 
to the prohibitions or restrictions contained in any 
of the provisions of this article, such fish or Crus- 
tacea shall be immediately liberated and returned to 
the water, without unnecessary injury. Whenever any 
fish under the size limit prescribed by the provisions 
of this article are received in transportation from 
another state or country, or whenever such fish are 
taken in gill nets, the person receiving or taking 
the same shall immediately after the receipt thereof, 
or in case of taking, within eighteen hours after 
making harbor, docking, or landing, give notice by 
telegram to the commission of the receipt or taking 
of such fish, together with a statement of the kind 
and number thereof and the place where the same 
are held, and shall care for and protect the same 
from spoiling, and shall properly ice, pack and ship 
said fish to such destination as the commission may 
direct. This section shall not in any way be con- 
strued as granting immunity from prosecution to 
any person who shall dispose or attempt to dispose 
of such fish in any other manner. 

§ 178. Transportation, general; within the state; 
out of the state; into the state. 

1. Transportation, general. No common carrier, 
or person in its employ while engaged in such busi- 



22 Conservation Law. 

ness of common carrier, shall transport any wild 
game or fish, or any part thereof as owner. The 
reception or possession of game or fish, protected by 
law, or any part thereof, for shipment, by any per- 
son or common carrier within the state, or by 
any person in its employ, while engaged in the 
business of such common carrier unaccompanied by 
the owner thereof, or in any package unmarked, as 
herein provided, shall constitute a violation of this 
section by such person or common carrier. 

2. Within the state. A person if accompanying 
the same may transport in one day, during the open 
season therefor, the number or limit of wild game 
or fish that he may lawfull}^ take in one day except 
as provided by section one hundred and ninety 
hereof. If such game or fish be placed in the cus- 
tody of a common carrier or transported in any 
package, the said game or fish or any package con- 
taining the same, shall have affixed thereto a tag 
plainly marked with the kind and number of such 
game or fish, the names of the consignor and the 
consignee, the initial point of billing and the 
destination. 

3. Out of the state. Wild game or fish protected 
by law if taken by a non-resident may be trans- 
ported by him from any point within the state to a 
point out of the state, provided the same shall be 
accompanied by the actual owner thereof, and the 
said owner shall have first procured from the com- 



Conservation Law. 23 

mission a license so to do. Such wild game or fish 
must be tagged and marked as provided in this 
section, and no more of any kind of fish or wild 
game shall be transported than the owner thereof 
may lawfully take in one day. Game imported 
from without the United States' or raised in private 
preserves as provided in this article when duly 
marked and tagged may be transported out of the 
state unaccompanied by the owner thereof in any 
number or quantity. 

4. Into the state. Any citizen of this state may, 
between the sixteenth day of September and the* 
fifteenth day of January, both inclusive, bring into 
this state as his personal baggage for his private 
use, game or fish lawfully taken by him in any 
place outside of this state, provided that such game 
shall be taken not less than fifty miles from the 
border of this state, and may be lawfully brought 
from the state where taken, and further provided 
that the owner of said game shall have first ob- 
tained from the commission a license so to do, and 
that such game shall have been tagged at the point 
of shipment with tags furnished by tlie commission. 
Further provided that a person may bring into this 
state, during the open season therefor prescribed by 
this article, game lawfully taken without the state, 
without regard to the license, tagging or fifty mile 
restrictions. Said game and fish may be possessed 
during said period. 



24 Conservation Lata. 

§ 179. Transportation, special. Game and fish for 
propagation purposes, the head, hide, feet or fur of 
quadrupeds and the plumage or skin of game birds 
legally taken and possessed, may be transported 
without being marked as provided in section one 
hundred and seventy-eight liereof. 

§ 180. Prohibited; sale of certain birds. The dead 
bodies of birds belonging to all species or sub-species, 
native to this state^ protected by law or belonging to 
any family, any species or sub-species of which is 
native to this state and protected by law shall not 
be sold, offered for sale, or possessed for sale for 
food purposes within this state whether taken within 
or without this state, except as provided by sections 
three hundred and seventy-two and three hundred 
and seventy-three. 

§ 181. Presumptive evidence. Possession of quad- 
rupeds, birds or fish, or any part thereof, during 
the time when the taking of the same in this state 
is prohibited, or when the possession of the same 
after the close of tlie open season for the taking 
thereof is permitted, shall be presumptive evidence 
that the same was unlawfully taken by the 
possessor. 

§ 182. Penalties. A person who violates any of 
the provisions of this part, or of any lawful rule or 
regulation of the commission, is guilty of a misde- 



Conservation Laio. 25 

meaner, and in addition thereto, is liable as fol- 
lows: to a penalty of sixty dollars and an addi- 
tional penalty of twenty-five dollars for each fish, 
bird, or quadruped, or part of fish, bird or quad- 
ruped bought, sold, offered for sale, taken, pos- 
sessed, transported or had in possession for sale or 
transportation in violation thereof. 

PART IV. 

Licenses: Hunting and Trapping. 

Section 185. Hunting and trapping license. 

186. Xon-resident trapping license. 

187. Penalties. 

Section 185. Hunting and trapping licenses; ap- 
plication therefor; fees; disposition of fees; contents 
and power under; carrying and exhibiting same; 
termination; exception; alteration; prosecutions 
by individuals; proceeds of actions; costs; form of 
license; non-resident coupons; clerks' reports; clerks 
reimbursed for expenses. 

1. Hunting and trapping license. No person or 
persons shall at any time hunt, puruse"' or kill with 
a gun, any of the wild animals^ fowl or birds that 
are protected during any part of the year, or take 
with traps or other devices any fur bearing animals, 
or engage in hunting or trapping except as herein 
provided, without first having procured a license SO 
* So in the original. 



26 Conservation Law. 

to do, and then onl}' during the respective periods 
of the year when it shall be lawful. 

2. Application therefor. Said license shall be pro- 
cured from any county, city or town clerk in the 
following manner, to wit: The applicant shall fill 
out a blank application to be furnished by the com- 
mission through the clerk of each county, city or 
town, stating name, age, occupation and place of 
residence and post-office address of applicant, also 
whether a citizen of the United States or an alien 
and such other facts or descriptions as may be re- 
quired by the commission. Said application shall be 
subscribed and sworn to by the applicant before 
any officer authorized to administer oaths in the 
state of New York. Any false statement contained 
in such application shall render the license null and 
void. Any person who shall make any false state- 
ment in an application for a license, shall be deemed 
guilty of perjury, and, on conviction thereof, shall 
be subject to the penalties provided for the com- 
mission of perjury. 

3. Fees. Said applicant, if a non-resident of the 
state, an unnaturalized person, or an alien, shall 
pay to the clerk countersigning and delivering the 
license the sum of twenty dollars, together with the 
sum of fifty cents as a fee to the clerk, except as 
provided in section one hundred and eighty-six 
hereof, and if a resident of the state, shall pay to 
the clerk countersigning and issuing the license the 
sum of one dollar as a license fee, together with the 



Conservation Law. 27 

sum of ten cents as the fee of tlie county, city or 
town clerk for issuing such license, and if a non- 
resident of the state and a taxpayer therein at the 
time of making such application shall pay to the 
clerk countersigning and issuing the license the 
sum of ten dollars together with the sum of fifty 
cents as a fee to the clerk, except as provided in 
section one hundred and eighty-six hereof. 

4. Disposition of fees. The license fees above pro- 
vided for shall be remitted by the city and town 
clerks on the first Tuesday of each month to the 
county clerk of the county^ and such fees together 
with those received by the county clerk for issuing 
licenses from his office shall be remitted to the com- 
mission on the second Tuesday of each month with 
a schedule setting forth the name and residence of 
each licensee and the amount paid, and shall by 
him be remitted to the state treasurer as are fines 
and penalties. The commissioner shall pay to each 
county clerk the sum of three per centum of the 
total amount of such license money received from 
such county clerk. 

5. Contents and power under. Said license shall 
bear the signature of the commission, and the seal 
of the county, city or town in which the same is 
issued and be countersigned by the said clerk. 
Every license issued shall be signed by the licensee 
in ink, as aforesaid, and shall entitle the person to 
whom issued to hunt, pursue and kill game animals, 
fowl and birds and trap fur bearing animals within 



28 Conservation Law. 

the state at any time when or place where it shall 
be lawful to hunt, pursue, kill and take such game 
animals, fowl and birds in this state. 

6. Carrying and exhibiting same. No person to 
whom a license has been issued shall be entitled to 
hunt, pursue, kill or take game animals, fowl and 
birds or trap fur bearing animals in this state un- 
less at the time of such hunting, trapping, pur- 
suing or killing or taking, he or she shall have 
such license on his or her person, and shall exhibit 
the same for inspection to any protector or otlier 
oflicer or other person requesting to see the same. 

7. Termination. Such license shall be void aftor 
the tliirty-first day of December next succeeding its 
issuance. 

8. Exception. Provided that the owner or owners 
of farm land, and their immediate family or fami- 
lies occupying and cultivating the same, or the 
lessee or lessees thereof and their immediate family 
or families who are actually occupying and culti- 
vating the same, shall have the right to hunt, kill 
and take game or trap fur bearing animals on the 
farm land of which he or they are the bona fide 
owners or lessees, during the season when it is 
lawful to kill and take the same, without procuring 
such resident license; and further provided that 
minors under the age of sixteen years shall not be 
required to take out a license to trap fur bearing 
animals. 



Conservation Law. 29 

9. Alteration. Any person who shall at any time 
alter or change in any material manner or loan or 
transfer to another, any license issued as aforesaid, 
shall be deemed guilty of a forgery in the second 
degree, and, on conviction thereof, shall be subject 
to the penalties provided for the commission of 
forgery in the second degree. 

10. Prosecution by individuals. All prosecutions 
for a violation of the provisions of this article 
relating to licenses may be brought by any person 
upon order of the commission in the name of the 
people of the state of New York against any per- 
son or persons violating any of the provisions of 
this article, so far as it relates to licenses, before 
any court of competent jurisdiction; and it is hereby 
made the .duty of all district attorneys to see that 
the provisions of this section are enforced in their 
respective counties, and said district attorneys shall 
prosecute all offenders on receiving information of 
the violation of any of the provisions of this sec- 
tion; and it is hereby made the duty of all sheriffs, 
deputy sheriffs, constables and police officers to in- 
form against and prosecute all persons who, there 
is reasonable cause to believe, are guilty of violating 
any of the provisions of this section. Nothing 
herein shall prevent the commission from prose- 
cuting persons for violation of this section. 

11. Proceeds of actions. All moneys recovered in 
any penal action under this chapter, in so far as it 
relates to licenses, shall be .remitted by the person 



30 Conservation Laio. 

or court recovering the same to the commission; 
one-half of the amount recovered in any penal ac- 
tion under this section, in so far as it relates to 
licenses, after all disbursements and expenses in 
relation to the same, including attorney's fees, shall 
have been paid, shall be paid to the person filing 
the complaint in such action by the state treasurer 
on approval of tlie commission, unless such person 
is a regular game protector. 

12. Costs. All bills for costs, disbursements and 
attorney's fees in any action or proceeding under 
this article relating to licenses shall be duly veri- 
fied, presented to the commission, audited by said 
commission and paid on its approval by the state 
treasurer to the person entitled to the same. 

13. Form of license. The form of the license shall 
be determined and the license blank prepared by the 
commission, and by it furnished through the county 
clerks of the several counties of the state to the 
city and town clerks. 

14. Non-resident coupons. Each non-resident 
license shall have attached one coupon permitting 
the transportation out of the state of one deer 
or parts thereof, under conditions to be prescribed 
by the commission. 

15. Clerk's reports. On the thirty-first day of 
December of each year the city and town clerks 
shall detach the stubs of licenses issued and for- 
ward the same securely attached to a report of the 
number issued and the amount of license money 



Conservation Law. 31 

received to the county clerk of the county, whose 
duty it shall be to see that proper returns are 
made to him by all city and town clerks in his 
county, and to return to the commission all such 
stubs and reports with a final report recapitulating 
and tabulating the total number of licenses of all 
kinds issued in his county in the calendar year. 

16, Clerks reimbursed for expenses. The county 
clerk shall be reimbursed by the state for postage 
and expressage used in distributing licenses to city 
and town clerks and for his monthly reports re- 
quired to be made to the commission; his bills 
therefor shall be presented, audited and paid as 
herein provided for other payments. 

§ 1 86. Non-resident trapping licenses. No person 
or persons who are non-residents of the state shall 
engage in trapping fur bearing animals without 
first having procured a license so to do, and then 
only during the respective periods of the year when 
it shall be lawful. Said license shall be procured 
in the manner provided in section one hundred and 
eighty-five hereof, and said applicant shall pay to 
the clerk coui.tersigning and delivering the license 
the sum of ten dollars as a license fee for a trap- 
ping license, together with the sum of fifty cents 
as a fee to the clerk. The provisions of section one 
hundred and eighty-five or so far as the same are 
applicable to licenses shall apply to all licenses 
issued under this section. 




32 Conservation Law. 



§ 187. Penalties. Any public officer or person who 
violates or fails to perform any duty imposed by 
any of the provisions of this article is guilty of a 
misdemeanor, unless otherwise provided, and shall 
be liable to a penalty for sixty dollars; any licensee 
shall be liable to an additional penalty of twenty- 
five dollars for each bird or quadruped, or part of 
bird or quadruped taken or possessed in violation 
thereof. A non-resident or alien who violates any 
of the provisions of sections one hundred and eighty- 
five and one hundred and eighty-six is guilty of a 
misdemeanor, and in addition thereto as follows: 
To a penalty of one hundred dollars and an addi- 
tional penalty of twenty-five dollars for each fish, 
bird or quadruped, or part of fish, bird or- quadru- 
ped taken or possessed in violation thereof. 

PART V. 

Quadrupeds. 
Section 190. Wild deer; open season; limit; manner 
of taking. 
» 191. Possession of wild deer or venison. 

192. Deer; open season, special. 

193. Dogs to be killed. 

194. Wild moose, elk, caribou and antelope. 

195. Black and gray squirrels; open season; 

limit. 

196. Hares and rabbits; open season; limit; 

sale. 



Conservation Law. 33 

Section 197. Beaver; close season. 

198. Mink, raccoon and sable; open season. 

199. Skunk. 

200. Propagation of skunks permitted; 

bond. 

201. Muskrat; open season. 

202. Land turtles. 

203. Penalties. 

Section igo. Wild deer; open season; limit; man- 
ner of taking; sale of. 

1. Open season. Wild deer having horns not less 
tlian three inclies in length may be taken from 
October first to November fifteenth, both inclusive, 
in wholly inclosed deer parks and in the counties 
of (Jlinton, Essex, Franklin, Fulton, Hamilton, Her- 
kimer, Jefferson, Lewis, Oneida, Oswego, Saratoga, 
St. Lawrence, Warren, and Washington, except in 
all that portion of Oneida, Lewis, and Jefferson 
counties lying westerly of the Utica and Black River 
railroad, from Utica to Ogdensburg. 

2. Limit. A person may take two such wild deer 
in an open season, and may transport or possess for 
that purpose one carcass or part thereof at any one 
time, if accompanied by the actual owner. 

3. Manner of taking. Wild deer may be taken 
only on land. No jacklight or other artificial light, 
trap, saltlick, or other device to entrap or entice 
deer shall be used, made or set, nor shall any deer 



34 Conservation Law. 

be taken by aid or use thereof. Deer shall not be 
hunted, pursued or killed by any dog or bitch. 

§ 191. Possession of wild deer or venison. Wild 
deer or venison lawfully taken may be possessed 
from October first to November twentieth, both in- 
clusive. A person may possess such deer or venison 
from November twenty-first to January first, both 
inclusive, provided a license so to do shall first be 
obtained from the commission. Deer or venison so 
possessed shall at all times be marked or tagged in 
such manner as the commission may provide. If 
possession of deer is obtained for transportation 
after October first and before midnight of November 
sixteenth, it may, when accompanied by the owner, 
lawfully remain in the possession of a common car- 
rier the additional time necessary to deliver the 
same to its destination. Possession of deer or 
vension, or any part thereof, from November six- 
teenth to January first, both inclusive, shall be pre- 
sumptive evidence that the same was unlawfully 
taken. 

§ 192. Deer, open season, special. Wild deer hav- 
ing . horns not less than three inches in length may 
be taken in Ulster county and in the towns of Never- 
sink, Cochecton, Tusten, Highland, Lumberland, 
Forestburg, and Bethel, and all that section of the 
towns of Mamakating and Thompson, Ijing south 
of the Newburgh and Cochecton turnpike, in Sulli- 



Conservation Law. 35 

van county, and the town of Deerpike* in Orange 
county, from November first to November fifteenth, 
both inclusive. 

§ 193. Dogs to be killed. Dogs shall not be per- 
mitted by the owner or persons harboring the same 
to run at large in or to be taken into forests in- 
habited by deer or kept or possessed in the Adiron- 
dack park. If any dog or bitch be in the forest 
preserve or found hunting, pursuing or killing deei* 
or running at large in forests inhabited by deer, it 
shall be presumptive evidence of a violation of this 
section by the person owning, using, having or 
harboring such dog or bitch. Any person may, and 
it shall be the duty of every game protector to kill 
any dog or bitch found in the Adirondack park or 
in a deer forest, or pursuing deer and no action for 
damages shall be maintained against a person for 
such killing. No dog or bitch shall be taken into 
or harbored in any hunting or lumber camp within 
the forest preserve. 

§ 194. Wild moose; elk; caribou and antelope. 
There shall be no open season for wild moose, elk, 
caribou and antelope; but they may be brought into 
the state for breeding purposes. The flesh or any 
portion of any such animal may be possessed or 
transported by the owner thereof during the open 
season for deer, provided such animal was killed by 
* So in the original. 



36 Conservation Law, 

the owner thereof, in a private park within the 
state. 

§ 195. Black and gray squirrels; open season; 
limit. . 

1. Open season. Black and gray squirrels may 
be taken and possessed from September sixteenth to 
October thirty-first, both inclusive, except on Long 
Island, where they may be taken and possessed from 
Xovember first to December thirty-first, both in- 
clusive. No person shall take black or gray squirrels 
within the corporate limits of any city or village. 

2. Limit. A person may take five such squirrels, 
either all of one kind or partly of each, in one day. 

§ ig6. Hares and rabbits; open season; limit; sale. 

1. Open season. The open season for varying 
hares and cottontail rabbits shall be as follows: 
Varying hares may be taken and possessed from 
November first to January thirty-first, both in- 
clusive. Cottontail rabbits may be taken and pos- 
sessed from October first to December thirty-first, 
both inclusive. The use of ferrets is at all times 
prohibited, .except as hereinafter provided. The 
owners or occupants of inclosed or occupied farms 
and lands or a person duly authorized in writing 
by such owner or occupant may take in any manner 
at any time and in any number varying hares and 
cottontail rabbits which are injuring their property. 

2. Limit. A person may take six varying hares 
or cottontail rabbits in one day. 



Conservation Law. 37 

3. Sale. Varying hares and cottontail rabbits 
may be bought and sold during the open season for 
the taking thereof. 

§ 197. Beaver; closed season. No person shall take 
or possess beaver at any time or molest or disturb 
any wild beaver or the dams, houses, homes or 
abiding places of same, except as permitted in sec- 
tion one hundred and fifty-eight, part one. 

^ ig8. Mink; raccoon and sable; open season. 

Mink, raccoon and sable may be taken in any man- 
ner and possessed from November first to March 
first, both inclusive. 

§ igg. Skunk. Skunk may be taken in any man- 
ner, except by digging them out of their holes or 
dens, and possessed from November first to January 
thirty-first, both inclusive. Skunks which are in- 
juring property or have become a nuisance may be 
taken at any time in any manner. 

§ 200. Propagation of skunks permitted; bond. It 
shall be lawful to keep live skunks in captivity at 
all times for purposes of propagation and sale only, 
provided a license so to do shall first have been ob- 
tained from the commission. No skunks shall be 
fhufe kept which are taken wild during the close 
season for ,skunks, and skunks so kept shall not be 
disposed of in any way during the close season. 



S8 Conservation Law. 

§ 201. Muskrat; open season. Muskrat may be 
taken in any manner and possessed from November 
tenth to April first, both inclusive. Muskrat houses 
shall not be molested, injured or disturbed at any 
time. 

§ 202. Land turtles. Taking, killing or exposing 
for sale of all land turtles or tortoises, including the 
box turtle and the wood turtle, is hereby prohibited. 

§ 203. Penalties. A person who violates any pro- 
vision of this part is guilty of a misdemeanor and 
in addition thereto, is liable as follows: For each 
violation of sections one hundred and ninety to one 
hundred and ninety-four, both inclusive, to a penalty 
of one hundred dollars, and to an additional penalty 
of one hundred dollars for each deer, elk^ moose, 
caribou, antelope, or part of any such animal taken, 
possessed, purchased, sold, possessed for sale or 
offered for sale contrary to law; for each violation 
of section one hundred and ninety-five and one hun- 
dred and ninety-six, to a penalty of twenty-five dol- 
lars, and to an additional penalty of ten dollars for 
each squirrel, hare or rabbit or part thereof, taken 
or possessed, purchased, sold, possessed for sale or 
oflfered for sale contrary to law; for each violation 
of section one hundred and ninety-seven, to a penalty 
of fifty dollars, and to an additional penalty of fifty 
dollars for each beaver taken or possessed contrary 
to law; for each violation of sections one hundred 



Conservation Law. 39 

and ninety-eight and two hundred and one, to a 
penalty of twenty-five dollars; and for each viola- 
tion of section one hundred and ninety-nine to a 
penalty of ten dollars; for each violation of 
any of the provisions, for which a penalty is 
not specifically provided, to a penalty of fifty dol- 
lars; a person convicted for a violation of section 
one hundred and ninety-four shall be punished by 
imprisonment for a term of not less than three 
months nor more than one year. 



PART VI. 

Birds. 

Section 210. Game birds defined. 

211. Water fowl, open season, limit, manner 

of taking. 

212. Water fowl, open season, manner of 

taking, special. 

213. Rails, American coots, et cetera, open 

season, limit. 

214. Upland game birds, open season, limit. 

215. Upland game birds, open season, special. 

216. Shore birds or waders, open season, 

limit. 

217. Shore birds, open season, special. 

218. Antwerp or homing pigeons. 

219. Certain wild birds protected. 

220. Prohibited, destroying or robbing nests. 



40 Conservation Law. 

Section 221. Prohibited, snares, nets, and traps. 

222. Prohibited, taking of game on certain 

lands. 

223. Penalties. 

■ Section 210 Game birds defined. For the purpose 
of this act the following only shall be considered 
game birds. 

The anatidae or water fowl, commonly known as 
geese, brant, swans and river and sea ducks ; 

The rallidae, commonly known as rails, American 
coots', mud hens and gallinules; 

The gallinae, or upland game birds, commonly 
known as wild turkeys, grouse, prairie chickens, 
pheasants, partridges and quail. 

The limicolae, or shore birds, commonly known as 
woodcock, snipe, plover, surfbirds, sandpipers, tatlers 
and curlews. 

§ 211. Anatidae or water fowl; open season; 
limit; manner of taking. 

1. Open season. Water fowl, wild and domestic, 
may be taken from September sixteenth to January 
tenth, both inclusive. They may be possessed from 
September sixteenth to January fifteenth, both in- 
clusive. There shall be no open season for wood 
duck and swan. 

2. Limit. A person may take during the open 
season, not to exceed twenty- five water fowl in the 
aggregate of all kinds in one day. Whenever two 



Conservation Law. 41 

or more persons are occupying the same boat, battery 
or blind, not to exceed forty water fowl in the aggre- 
gate of all kinds may be taken in one day by such 
persons. 

3. Manner of taking. Water fowl may be taken 
during the open season from a rowboat, from the 
land; from a blind or floating device used to conceal 
the hunter (other than a sail or power boat) when 
the same shall be within fifty feet of the shore or 
of a natural growth of flags. 

§ 212. Water fowl; open season; manner of tak- 
ing; special. 

1. Open season. Water fowl on Long Island and 
the waters adjacent thereto may be taken from 
October first to January tenth, both inclusive. 

2. Manner of taking. Water fowl may be taken 
by aid of any floating device other than sailboats or 
power boats, at any distance from shore on Long 
Island Sound, Shinnecock, Gardiner and Peconic 
bays, during the open season therefor, and except 
from October first to October nineteenth, both in- 
clusive, in Great South Bay west of Smith's Point 
and east of the Nassau-Suffolk county line. 

§ 213. Rallidae; open season; limit. 

1. Open season. Rails, American coots, mud hens 
and gallinules may be taken and possessed from 
September sixteenth to December thirty-first, both 
inclusive. 



42 Conservation Law. 

2. Limit. A person may take during the open 
season not to exceed fifteen of such birds in the 
aggregate of all kinds in one day. Wiienever two 
or more persons are occupying the aame boat or 
blind, not to exceed twenty of such birds shall be 
taken in the aggregate of all kinds in one day by 
such persons. 

§ 214. Gallinae or upland game birds; open sea- 
son; limit; quail; grouse; pheasant. Upland game 
birds may be taken and possessed as follows: 

1. Quail. October first to November fifteenth, both 
inclusive. A person may take not to exceed six 
quail in one day and thirty-six in the open season. 

2. Grouse. October first to November thirtieth, 
both inclusive. A person may take not to exceed 
four grouse in one day and twenty in the open 
season. 

3. Wild pheasants. On Thursdays in the month 
of October and possessed during the said month of 
October. Only wild male phesants may be taken. 
A person may take and possess not to exceed three 
wild male pheasants in the open season. 

4. Partridge. There shall be no open season for 
Hungarian or European gray legged partridge. 

§ 215. Upland game birds; open season, limit, 
special. Quail, pheasants, and grouse may be taken 
and possessed on Long Island from November first 
to December thirty-first, both inclusive. A person 



Conservation Law. 43 

may take not to exceed six male pheasants in any 
one day and thirty-six in the open season on Long 
Island. 

§ 216. Limicolae or shore birds; open season; 
limit. Shore birds may be taken and possessed as 
follows : 

1. Woodcock. October first to November fifteenth, 
both inclusive. A person may take not to exceed 
four woodcock in one day and twenty in the open 
season. 

2. Snipe, plover, surfbirds, sandpipers, tatlers and 
curlews. September sixteenth to November thir- 
tieth, both inclusive. A person may take not to 
exceed fifteen shore birds in the aggregate of all 
kinds in one day. Whenever two or more person^ 
are occupying the same boat or blind not to exceed 
twenty-five shore birds may be taken in the aggre- 
gate of all kinds in one day by such persons. 

§ 217. Shore birds; open season; special. Shore 
birds may be taken and possessed on Long Island 
as follows: 

1. Woodcock. October fifteenth to November thir- 
tieth, both inclusive. 

2. Snipe, plover, surfbirds, sandpipers, tatlers and 
curlews. August first to November thirtieth, both 
inclusive. 

§ 218. Antwerp or homing pigeons. No person 
shall take or interfere with any Antwerp or homing 



44 Conservation Law. 

pigeon if it have the name of its owner stamped 
upon its wing or tail, or wear a ring or seamless 
leg band with its registered number stamped thereon, 
or have any other distinguishing mark; nor shall 
any person remove any such distinguishing mark 
from any such pigeon. 

§ 219. Certain wild birds protected. Wild birds 

other than t-he English sparrow, starling, crow, liawk, 
crow-blackbird, snow-owl, great horned ©wl and king- 
fisher shall not be taken or possessed at any time, 
dead or alive, except under the authority of a certifi- 
cate issued under this article. No part of the 
plumage, skin or body of any bird protected by this 
section or of any birds coming from without the 
State, whether belonging to the same or a different 
species from that native to the state of New York, 
provided such birds belong to the same family as 
those protected by this article, shall be sold or had 
in possession for sale. The provision of this section 
shall not apply to game birds for which an open 
season is provided in this article. 

§ 220. Destroying or robbing nests. Nests of wild 
birds other than the English sparrow, starling, crow, 
hawk, crow^-blackbird, snow^-owl, great horned owl 
and kingfisher shall not be robbed or wilfully de- 
stroyed, except when necessary to protect buildings 
or prevent their defacement, or when taken under 
the authority of the commission. 




Conservation Laiv. 45 

§ 221. No snares, nets or traps. No wild bird, 
or bird for which a close season is provided, shall 
be trapped, netted or snared, or, if so taken, 
possessed. No net, trap or snare for taking pheas- 
ants, grouse or quail, shall be set, placed or used 
where such birds can be taken. Any such net, trap 
or snare is declared to be a public nuisance, and 
may be summarily abated and destroyed by any 
person, and it shall be the duty of every protector 
to seize and destroy any such device. 

§ 222. Game shall not be taken on certain public 
lands. Game shall not be taken on the lands pur- 
chased or condemned by any municipality within 
the state for the purpose of supplying any munic- 
ipality with water and protecting the same from 
pollution and contamination, or on any public high- 
way, except public highways within the forest pre- 
serve counties. 

§ 223. Penalties. A person who violates any of 
the provisions of this part, or who violates or fails 
to perform any duty imposed by any provisions of 
this part, is guilty of a misdemeanor, and in addi- 
tion thereto as follows: to a penalty of sixty dol- 
lars and an additional penalty of twenty-five dol- 
lars for each bird, or part of a bird, taken or 
possessed, or had in possession in violation thereof. 



46 Conservation Law. 

PART STII. 

Fish. 

Section 230. Sale of minnows for bait. 

231. Bass. 

232. Trout. 

233. Trout, special. 

234. Lake trout and whitefish. 

235. Lake trout and whitefish, special. 

236. Pikeperch. 

237. Pickerel and pike. 

238. Sturgeon. 

239. Maskalonge. 

240. Striped bass. 

241. Smelt or icefish. 

242. Prohibited; stocking private waters. 

243. Prohibited; disturbing bass, trout and 

lake trout while spawning. 

244. Prohibited; thumping. 

245. Prohibited; explosives. 

246. Prohibited; obstructing streams. 

247. Prohibited; polluting streams. 

248. Prohibited; polluting waters used by 

state fish hatcheries. 

249. Prohibited; drawing off water. 

250. Prohibited; placing fish in certain 

waters. 

251. Prohibited; fishing near fishways. 

252. Prohibited; taking fish through the ice 

in certain waters. 



Conservation Laio. 47 

Section 253. Tip-ups. 

254. Set and trap lines. 

255. Spearing. 

256. Eel weirs and eel pots. 

257. Frogs. 

258. Penalties. 

§ 230. Sale of minnows for bait. No person shall 
take minnows for bait with a net, trap or seine or 
sell minnows so taken without having first obtained 
a license so to do from the commission. Provided, 
however, that no license shall be required from a 
person to take minnows for his own use and not 
for sale. Minnows shall not be taken within one 
hundred feet of any dock, pier or boat landing struc- 
ture along the Saint Lawrence river without the 
consent of the owner thereof, nor shall they be 
taken with a net, trap or seine in waters inhabited 
by trout. 

§ 231. Bass; open season; limit. 

1. Open season. Black bass not less than ten 
inches in length may be taken and possessed from 
June sixteenth to November thirtieth, both in- 
clusive. 

2. Size of catch. A person may take not to ex- 
ceed fifteen such black bass in one day, but when- 
ever two or more persons are angling from the same 
boat they may take not to exceed twenty-five in 
one day. 



48 Conservation Law. 

§ 232. Trout; open season; limit. 

1. Open season. Trout not less than six inches 
in length may be taken and possessed from May 
first to August thirty-first, both inclusive. 

2. Size of catch. A person may take not to ex- 
ceed ten pounds of trout in one day. 

§ 233. Trout; open season; special. Trout may 
be taken and possessed on Long Island .from April 
first to August thirty-first, both inclusive. Rainbow- 
trout may be taken and possessed on Long Island 
from April sixteenth to September thirtieth; both 
inclusive. 

§ 234. Lake trout and whitefish; open season and 
size limit; catch; sale of. 

1. Open eason and size limit. Lake trout not 
less than fifteen inches in length and whitefish not 
less than twelve inches in length may be taken and 
possessed from April first to September thirtieth, 
both inclusive. 

2. Otsego whitefish; commonly called Otsego bass, 
not less than nine inches in length may be taken 
and possessed from January first to October thirty^ 
first, both inclusive. 

3. Size of catch. A person may take by angling 
not to exceed ten lake trout in one day, but whenever 
two or more persons are angling from the same 
boat they may take not to exceed fifteen in one day. 
Whitefish may be taken in any number or quantity. 



Conservation Laiv. 49 

4. Sale of. Such lake trout and whitefish may- 
be bought and sold during the open season therefor. 

§ 235. Lake trout and whitefish; open season; 
special. Lake trout and whitefish may be taken in 
Lakes Erie and Ontario in any number or quantity 
at any time, and when so taken may be possessed. 

§ 236. Pike perch; open season; size limit; sale of. 

1. Open season and size limit. Pikeperch not 
less than twelve inches in length may be taken and 
possessed in any number or quantity from May first 
to March first, both inclusive. 

2. Sale of. Such pikeperch may be bought and 
sold during the open season therefor. 

§ 237. Pickerel and pike; open season and limit; 
sale of. 

1. Open season. Pickerel and pike in any number 
or quantity may be taken and possessed from May 
first to March first, both inclusive, except as herein 
provided. 

2. Limit. In the Saint Lawrence river a person 
may take in one day not to exceed twelve great 
northern pike, locally known as " pickerel " not less 
than twenty inches in length. 

3. Sale of. Such pickerel and pike may be bought 
and sold during the open season therefor. 

§ 238. Shortnosed sturgeon; lake sturgeon; sea 
sturgeon; open season and size limit; sale of. 

1. Open season and size limit. Shortnosed stur- 



50 Conservation Lav^. 

geon not less than twenty inches in length may be 
taken and possessed from July first to April thir- 
tieth, both inclusive, in any number or quantity. 
Lake sturgeon not less than thirty inches in length, 
and sea sturgeon not less than four feet in length 
may be taken and possessed in any number or quan- 
tity at any time. 

2. Sale of. Such sturgeon may be bought and 
sold during the open season therefor. 

§ 239. Maskalonge; open season and size limit; 
sale of. 

1. Open season and size limit. Maskalonge not 
less than twenty-four inches in length may be taken 
and possessed from June sixteenth to December 
thirtj'-first, both inclusive, in any number or quan- 
tity. No person shall take maskalonge through the 
ice. 

2. Sale of. Such maskalonge may be bought and 
sold during the open season therefor. 

§ 240. Striped bass; size limit; sale of. Striped 
bass not less than twelve inches in length may be 
taken by angling and with nets and possessed and 
sold in any number or quantity at any time. 

§ 241. Smelt or icefish; open season and size 
limit; sale of. 

1. Open season and size limit. Smelt or icefish 



Conservation Law. 51 

not less than six inches in length may be taken 
from the inland waters of the state in any nuHiber 
or quantity at any time. 

2. Possession and sale of. Such smelt or icefish 
may be possessed, bought and sold at any time. 

§ 242. Prohibited stocking private waters. Trout 
or lake trout shall not be taken from any of the 
waters of the state for the purposes of stocking private 
ponds or streams. Provided, however, that any 
person desirous of aiding the state in the propagation 
and distribution of trout, may on approval of the com- 
mission, take trout spawn from public waters for 
breeding purposes. Trout or spawn so taken shall 
be returned to public waters of the state. Before 
permission is given, or trout taken as herein pro- 
vided, the applicant shall show conclusively that 
he has facilities for breeding trout, and must exe- 
cute a satisfactory bond to the people of the state, 
to be approved by the commission, conditioned that 
he will not sell, give away, convert to his own use, 
or otherwise dispose of any trout, or spav/n taken 
under said permit, and v/iil return the adult and 
young trout to public waters at such times and 
places as the commission may designate. 

§ 243. Prohibited; distributing bass, trout, and 
lake trout while spawning. Bass, trout and lake 
trout on spawning beds in the close season shall not 



52 Conservation Laic. 

be disturbed, nor shall their spawn or milt be taken 
from the spawning beds except as provided by the 
preceding section, and section one hundred and fifty- 
five. 

§ 244, Prohibited; thumping. Sailing, rowing, 
pushing or floating in any boat or vessel in a water- 
way, river, run or channel, bay or sound, or patrol- 
ling the banks of such waterway, river, run or chan- 
nel, bay or sound, and stamping, jumping, shouting, 
pounding, beating or splashing the water, beating 
or pounding the banks, or boat while a seine or net 
is set, drawn, held, or used in such waterway, river, 
run or channel, bay or sound, with intent to drive 
fish into such siene, or net, which acts are commonly 
known as thumping, are hereby forbidden. 

§ 245. Prohibited; explosives. Fish shall not be 
taken by means of explosives. Except for mining or 
mechanical purposes, dynamite or other explosives 
shall not be used in any of the waters of this state, 
or possessed upon the waters, shores or islands 
thereof. Possession thereof by any person on the 
waters, shores or islands thereof, of this state shall 
be presumptive evidence that the same is possessed 
for use in violation of the provision of this section. 

§ 246. Prohibited; obstructing streams. Except 
as provided in section two hundred and fifty-six or 
as directed by the commission, no person shall by 



Conservation Law. 53 

means of any rack, screen, weir, or other obstruc= 
tion in any creek, stream or river, prevent the 
passage of fish protected by law. The commission 
may order such an obstruction to be removed by 
the person erecting the same or by the owner of 
the land on which the same is located, by serving 
on such person or owner a written notice so to do. 
Failure to comply with the terms of such notice 
within ten days after service of the same shall be 
deemed a violation of this section. 

§ 247. Prohibited; polluting streams. No dye- 
stuffs, coal tar, refuse from a gas house, cheese 
factory, creamery, condensery or canning factory, 
sawdust, shavings, tanbark, lime or other deleteri- 
ous or poisonous substance shall be thrown or al- 
lowed to run into any waters, either private or 
public in quantities injurious to fish life inhabiting 
the same, or injurious to the propagation of fish 
therein. 

§ 248. Prohibited; polluting of waters used by- 
state fish hatcheries. No person shall erect or 
maintain any privy, watercloset, pigsty, hogpen, in- 
closure for poultry, barn or barnyard in which 
animals or poultry are kept, or drain from any 
building or the cellar thereof, where drainage or 
refuse therefrom will flow into or find its way into 
water used by any fish hatchery operated by the 
state, or into any pond, creek or stream used in 



54 Conservation Law. 

connection therewith. Every such privy, water- 
closet, pigsty, hogpen, enclosure, barn, barnyard and 
drain is hereby declared to be a public nuisance, 
and may be summarily abated by the commission. 
No person shall place sewage or other matter inju- 
rious to fish where the same can find its way into 
water used by any fish hatchery operated by the 
state, or sufi"er the same to be done from, over or 
through premises owned or occupied by him. 

§ 249. Prohibited; drawing off water. No person 
shall take fish by shutting or drawing off water 
for that purpose. No person shall hold back the 
water in any stream which supplies a state hatchery 
so as to prevent the necessary flow of sufficient 
water for hatchery purposes. 

§ 250. Prohibited; placing fish in certain waters. 
Fish or eggs thereof other than trout, lake trout, 
frostfish, whitefish and smelt, shall not be placed 
in any waters of the state inhabited or stocked 
with trout. No person shall put or place in any 
public waters of the state fish commonly known 
as carp, nor shall any person put or place in such 
wateirs the spawn of such fish or use such fish as 
bait in the water thereof. 

§ 251. Prohibited; fishing near fishways. The 

commission shall maintain fifty rods from every 
fishway erected by the state in public waters on 



Vonservation Law. 55 

both sides of the stream above and below the fish- 
way, signboards containing substantially the follow- 
ing notice: "Fifty rods to the fishway; all persons 
are prohibited by law from fishing in this stream 
between this point and the fishway." No person 
shall take fish within fifty rods of any such fishway. 

§ 252. Prohibited; taking fish through the ice in 
certain waters. No person shall take fish through 
the ice in waters inhabited by trout. 

§ 253. Tip-ups. Tip-ups may be used, except in 
waters inhabited by trout, to take bullheads, cat- 
fish, eels, perch, sunfish, and except during the 
months of March and April, pikeperch, pike and 
pickerel. No person shall operate or control at the 
same time more than fifteen tip-ups. All tip-ups 
must be marked with the name and address of the 
owner thereof. 

§ 254. Set and trap lines. Set lines may be used 
except in waters inhabited by trout to take white- 
fish, bullheads, catfish, eels, perch, sunfish, carp, 
mullet and dogfish, provided a permit for so doing 
shall first be obtained from the commission. Set 
and trap lines may be used to take sturgeon in any 
waters during the open season therefor, provided 
a license for so doing shall first be obtained from 
the commission. 



56 Conservation Law. 



§ 255. Spearing. Spears, grappling hooks, naked 
hooks or snatch hooks may be used, except in waters 
inhabited by trout, for taking whitefish, mullet, 
carp, catfish, dogfish, bullheads, suckers and eels at 
any time, provided a permit so to do shall first be 
obtained from the commission. 

§ 256. Eel weirs and eel pots. Eel weirs and eel 
pots of such form as may be prescribed by the com- 
mission may be used at any time for taking eels, 
provided a license for so doing shall first be ob- 
tained from the commission. Eel weirs shall not 
be used in waters inhabited by trout. This section 
shall not apply to w^aters of the marine district. 

§ 257. Frogs. Bullfrogs, green frogs, and spring 
frogs may be taken in any manner, possessed, 
bought and sold from June first to March thirty- 
first, both inclusive. They shall not be taken, 
possessed, bought or sold at any other time. 

§ 258. Penalties. A person . who violates any of 
the provisions of this part is guilty of a misde- 
meanor, and in addition thereto is liable as follows: 
For each violation of sections two hundred and 
forty-five, two hundred and forty-seven and two hun- 
dred and forty-eight, a penalty of five hundred dol- 
lars, and ten dollars for each fish taken, possessed, 
bought or sold in violation thereof; of sections two 
hundred and forty-three and two hundred and forty- 



■r.A ■ 



Conservation Laic. 67 

nine to a penalty of sixty dollars, and a penalty of 
ten dollars for each fish taken or possessed or placed 
in the waters in violation thereof; of section two 
hundred and forty-six, a penalty of twenty-five dol- 
lars, and an additional penalty of ten dollars for 
each day the order of the commission is not com- 
plied with. A person convicted of a misdemeanor 
as provided by any of the provisions of sections 
two hundred and forty-five, two hundred and forty- 
seven and two hundred and forty-eight shall be 
liable to imprisonment for not exceeding one year 
and in addition to the penalties herein prescribed; 
for a violation of any of the other provisions of this 
part for which a penalty is not specifically pre- 
scribed, or of any rule or regulation of the com- 
mission, a penalty of twenty-five dollars, and an 
additional penalty of ten dollars for each fish taken 
or possessed, bought or sold in violation thereof. 

PART VIII. 

NETS AND NETTING. 

Section 270. Nets to be licensed. 

271. Fish which may be taken with nets. 

272. Size of mesh. 

273. Hauling of nets regulated. 

274. Nets to be tagged and buoyed. 

275. Prohibited; use of nets in certain 

waters. 

276. Nets in Lakes Erie and Ontario. 



58 Conservation Law, 



■ 



Section 277. Niagara river. 

278. Nets in Cliaumont bay and adjacent 

waters. 

279. Nets in Hudson and Delaware rivers 

and adjacent waters. 

280. Application of this part. 

281. Vessels to carry employees of commis- 

sion. 

282. Nets to be destroyed. 

283. Seizure of nets; regulations in certain 

waters. 

284. Penalties. 



§ 270. Nets to be licensed. Seines, gills, fykes, 
pounds, traps, scaps and other nets or devices may 
be set or used in any of the waters of the state 
provided a license so to do shall be first obtained 
from the commission and not otherwise. Rules regu- 
lating the use of seines, gills, fykes, pounds, traps, 
scaps and other nets or devices in any of the waters 
of the state, and providing for the licensing of 
such nets, together with a license fee therefor, may 
from time to time be prescribed by the commission 
when not inconsistent with law, and such rules shall 
be filed in the office of the commission. Until 
amended or superseded as herein authorized, the 
rules as filed with the secretary of state on the 
twenty-fifth day of June, nineteen hundred and ten, 
are continued in force. 



Conservation Law. 59 

§ 271. Fish which may be taken with nets. When 
permitted by the commission lake trout, whitefish, 
pickerel, pike, pike perch, shad, herring, striped bass, 
smelt or icefish and sturgeon of all kinds, of the 
size limit and during the open season therefor as 
prescribed in part seven of this article, and all fish 
not protected by law may be taken by nets in waters 
of the state, in any number or quantity. For the 
purpose of supervising the taking of fish with nets 
the commission is empowered to designate from the 
protectors a superintendent of inland fisheries at a 
salary of not to exceed twenty-five hundred dollars 
per annum, and his actual and necessary expenses 
while in the performance of his official duties, not 
to exceed one thousand dollars. 

§ 272. Size of mesh. When permitted the size of 
mesh of nets shall be as follows: 

1. Gill or other movable nets used for -taking lake 
trout or whitefish, not less than two and three- 
eighths inch bar. For taking Otsego whitefish, com- 
monly called Otsego bass, not less than one and one- 
half inch bar. 

2. Gill or other nets used for taking fish other 
than lake trout and whitefish, not less than one 
and one-eighth inch bar. 

§ 273. Prohibited; use of nets in certain waters. 
No nets or other devices for taking fish shall be 
hauled after sunset and before sunrise. 



€0 Conservation Law. 

§ 274. Nets to be tagged and buoyed. All nets 
or other devices for taking IibIi permitted under this 
part shall be buoyed and tagged in such manner as 
may be prescribed by the commission. 

§ 275. Prohibited; use of nets in certain waters. 
In waters inhabited by trout tlie use of nets of any 
kind is prohibited. This prohibition shall not apply 
to landing nets used to land fish duly hooked by 
angling or to use of nets by the commission as pro- 
vided in section one hundred and fifty-five of tliis 
chapter. 

§ 276. Nets in Lakes Erie and Ontario. Fish, 
except black bass and maskalonge may be taken with 
nets during the open season therefor in the waters 
of Lake Erie, except within one-lialf mile of the 
shores or islands thereof and witliin five mues of tlie 
mouth of Cattaraugus creek during "the open season ; 
and in Lake Ontario, from IMay first to September 
thirtieth, both inclusive, except within one mile of 
the sliores or islands thereof and within three miles 
of the mouth of the Niagara river during the open 
season ; and from October first to April thirtieth, 
both inclusive, except within one-half mile of the 
shores or islands thereof and within three miles of 
the mouth of the Niagara river, during the open 
season. 

§ 277. Niagara river. Seines and squat nets may 
be used to take fish except black bass, laketrout. 



Conservation Law. 61 

whitefisii and maskalonge in the Niagara river in 
Xovember, December, January and March. Fish ex- 
cept black bass, pike perch, laketrout, whitefish, 
pickerel and maskalonge may be taken by seine, 
machine or trap by citizens of the state in that part 
of the Niagara river in the town of Lewiston, 
Niagara county^ during the time when Canadians 
may lawfully fish with such devices In said river 
on the Canada side opposite the town of Lewiston, 
provided a license therefor has been granted by the 
commission, and provided that laketrout and white- 
fish must not be taken during November and De- 
cember. 

§ 278. Nets in Chaumont bay and adjacent waters. 
Fish, except black bass and maskalonge, may be 
taken with nets during the open season therefor in 
the waters and hajs of Lake Ontario, in the county 
of Jefferson between Horse island in the town of 
Hounsfield and the town line between the towns of 
Lyme and Cape Vincent, except the waters within 
one-half mile of Stoney island. Calf island or of the 
Galloup islands from October first to May fifteenth, 
both inclusive. Sturgeon may be taken with stur- 
geon nets of not less than five inch bar at any time. 

§ 279. Nets in Hudson and Delaware rivers and 
adjacent waters. Shad and herring may be taken 
with drifting nets operated by hand only from March 
fifteenth to June fifteenth, both inclusive, in the 



62 Conservation Law. 



1 



Delaware river and that part of the Hudson river 
below the dam at Troy and north of Verplanck's 
Point. No such net shall be set, placed or drawn, 
or fish taken therefrom between sunset on Friday 
and sunrise on Monday. Fish, except salmon, black 
bass, trout, pike perch, and except also during 
March and April, pickerel and pike may be taken 
with nets in the Hudson river below the dam at 
Troy, from September first to May thirtieth, both 
inclusive. Sturgeon may be taken in the Hudson 
river with sturgeon nets of not less than five and 
one-half inch bar, from June first to September first, 
both inclusive. 

§ 2S0. Application of this part. The provisions of 
part eight of this article, except sections two hun- 
dred and eighty-two and two hundred and eighty- 
three, shall only apply to the taking of fish from 
Lakes Erie and Ontario, the Hudson river north of 
Verplanck's Point and the inland waters of the 
state. 

§ 281. Vessels to carry employees of commission. 
Any person owning or operating a boat or vessel 
used for the taking of fish shall, at any time, per- 
mit game protectors or other employees of the com- 
mission to board such boats and inspect the cargo 
or contents, and shall at any time carry such per- 
sons for the purposes of inspecting nets or the haul- 
ing of the same, or the taking of fish eggs. 



Conservation Law. 63 

§ 282. Nets to be destroyed. Seines, fykes, 
pounds, traps and other nets not authorized by law, 
had, set or used in or upon any of the inhmd or 
tidal waters of the state or on the shores thereof, 
or islands surrounded by said waters are hereby de- 
clared to be public nuisances, and shall be sum- 
marily seized^ abated and destroyed by any game 
protector or by a private person, or may be sold 
by the commission at public auction to the highest 
bidder under rules and regulations established by 
it; provided, however^ the commission ma7/ direct 
a game protector to retain certain nets or seines for 
the use of the state hatcheries. Possession of nets 
otlier than as provided for by this part at any 
time by any person vi'ithin five hundred feet of the 
shores of any v/aters of the state shall be presump- 
tive evidence that the same were unlawfully used. 

§ 283. Seisure of nets; regulations in certain 
counties. The reasonable expense of the seizure, re- 
moval or destruction of any net, pound or other 
illegal device shall be a county charge against the 
county in which the same shall be seized, and shall 
be audited and paid as a county charge on verified 
statement of the game protector making the seizure, 
stating the time and place of such destruction, the 
name of the person or persons employed, the time 
spent and money paid, if any, therein. The board 
of supervisors of any county may, by resolution, 
make such further regulation in the presentation of 



64 Conservation Laiv. 

said statement and tlie destruction of said devices 
as it may deem proper. 

§ 284. Penalties. Any person violating any of 
the provisions of any section of this part or of any 
rule or regulation of the commission prescribed 
hereunder shall be guilty of a misdemeanor and 
shall be punishable by a fine of not less than fifty 
dollars, nor more than two hundred dollars, or by 
imprisonment for a term of not less' than sixty days 
nor more than four months, or by both such fine and 
imprisonment, and in addition thereto shall be li- 
able as follows: To a penalty of five doilars for 
each fish taken or possessed in violation thereof. 

PART IX. 

FISHWAYS. 
Section 290. Notice of construction of dam. 

291. Fishways ordered. 

292. Power of commission to construct fish- 

ways. 

293. Penalties. 

§ ago. Notice of construction of dam. Before the 
construction of a dam is commenced on any of the 
inland waters of the state, the plan thereof, and a 
statement of the name, length and location of the 
waters' on which the dam is to be built shall be 
given to the commission by the person, or if by 



Conservation Laio. 65 

public^authority, by the official directing or permit- 
ting the work. 

§ 291. Fishways ordered. The commission shall by 
an order entered in its minutes and served by copy 
on any person or official direct the construction of 
fishways in proper form in any dam heretofore or 
hereafter built, or if there be fishways, such changes 
'therein as will make them efficient. 

§ 292. Power of commission to construct fishways. 
In case of the failure, refusal or neglect of any per- 
son owning, maintaining or constructing a darn to 
comply with the order of the commission to build, 
repair or change any fishway, the commission may 
build, repair or change the same in accordance with 
the terms of its orders, and in the name of the 
people recover of such person the expenses of such 
construction, repairs or changes, and the same shall 
be a lien on the premises upon which the dam is 
located. 

§ 293. Penalties. A person who violates any pro- 
vision of this part, or who violates any rule or order 
of the commission made under the provisions of this 
part, is liable to a penalty of five dollars for every 
day such violation continues. 



66 Conservation Law. 



PART X. 

MARINE FISHERIES. 

Section 300. Marine district described. 

301. Bureau of marine fisheries. 

302. Office and clerical force. 

303. Reports relating to shellfish. 

304. Leases for cultivation of shellfish; limi-. 

tations. 

305. Collection of rents. 

306. Settlement of disputes as to shellfish 

leases. 

307. Provisions for taxation; statement of 

property; penalty; assessment of tax. 

308. Levy and payment of tax. 

309. Collection of tax. 

310. Sanitary inspection of shellfish grounds. 

311. Duties of state commissioner of health. 

312. Record and certificate of inspection; no- 

tice of condition of public shellfish 
grounds. 

313. Prohibited, sale of shellfisli, unless sani- 

tary condition be certified. 

314. Taking oysters in South bay. 

315. Blue Point oysters. 

316. Oyster beds protected. 

317. Dredging and raking for shellfisli. 

318. Scallops, size limit. 

319. Residents only to take shellfish. 



Conservation Law. 67 

Section 320. Star-fish to be destroyed. 

321. Prohibited; taking of lobsters under cer- 

tain size. 

322. Size of openings in lobster traps. 

323. Residents only to take lobsters, except 

in certain waters. 

324. Licenses for vessels. 

325. Polluting waters. 

326. Garbage not to be thrown in certain 

waters. 

327. Prohibited; use of nets in inlets. 

328. Prohibited; nets in the Harlem river 

and adjacent waters. 

329. Pachmond county and Raritan bay. 

330. Jamaica bay and adjacent waters. 

331. Size of mesh in Coney Island creek. 

332. Rockaway bay, Jones' inlet and adjacent 

waters. 

333. Recording and fees. 

334. Supervisors of Nassau and Suffolk 

counties. 

335. Penalties. 

§ 300. Marine district described. The marine dis- 
trict shall include all watai'S in and adjacent to 
Long Island and all tidal waters of the state, except 
the Hudson river north of Verplanck's Point. 

§ 301. Bureau of marine fisheries. There shall 
continue to be a bureau of marine fisheries under 



68 Conservation Law. 

the supervision and control of the commission, and 
under the immediate direction of the deputy in 
charge of the division of fish and game, who shall 
administer the afl'airs of such bureau relating to 
shellfish and shell fisheries, either directly or by 
such subordinate as the commission may provide 
and designate for that purpose. 

§ 302. Office and clerical force. The commission 
may appoint for the bureau of marine fisheries a 
supervisor of marine fisheries who shall have a 
salary of three thousand dollars a year and the 
expenses necessarily incurred by him in the dis- 
charge of his oiTicial duties not to exceed one thou- 
sand dollars, a deputy supervisor of marine fisheries 
who shall have a salary of two thousand dollaVs a 
year and the expenses necessarily incurred by him 
in the discharge of his official duties not to exceed 
one thousand dollars, a cashier who shall also per- 
form the duties of bookkeeper who shall have a 
salary of two thousand dollars a year, a surveyor 
who shall have a salary of two thousand dollars a 
year and the expenses necessarily incurred by him in 
the discharge of his official duties not to exceed 
seven hundred dollars' a year, one confidential secre- 
tary who shall have a salary of eighteen hundred 
dollars a year, one or more bacteriologists and such 
clerical assistants as are actually needed for which 
appropriation shall have been made by the legisla- 
ture. The supervisor, the deputy supervisor and the 



Conservation Lata. 69 

cashier shall take and subscribe the constitutional 
oath of office, and shall each execute and file a 
bond to the people of the state in the sum of five 
thousand dollars with sureties approved by the com- 
mission, conditioned for the faithful performance of 
their duties and to account for and pay over pur- 
suant to law, all moneys received by them or either 
of them in their office. During the absence or in- 
ability to act of the supervisor, the deputy super- 
visor shall have and exercise all the power of the 
supervisor. All the officers and employees of the 
bureau of marine fisheries shall hold office during 
the pleasure of the commission. 

§ 303. Reports relating to shellfish. The super- 
viser shall, on or before the fifth day of each month, 
make a report to the deputy in charge of the di- 
vision of fish and game of his proceedings for the 
preceding calendar month. He shall include in such 
report a detailed statement of his receipts from all 
Sources, together with a statement of all land under 
water disposed of for shellfish cultivation and all 
such lands surrendered to the state, together with 
such other facts relating to the matters within his 
jurisdiction as he may deem necessary. He shall 
also in like manner make an annual report to the 
deputy commissioner of the same matters for the 
year ending with the first day of January preceding. 
In making the annual reports provided for in sec* 
tion twelve of the conservation law, the commission 



70 Conservatio?i Law. 

and deputy commissioner in charge of the division 
of fish and game shall include in such reports in m\ 
addition to the matters required in said section a 
statement of all land under water disposed of for 
shellfish cultivation and all such lands surrendered 
to the state. 

§ 304. Leases for cultivation of shellfish; letting 
to be at public auction; re-leasing; reports; mark- 
ing ground; leases not transferable; summary pro- 
ceedings; limitations. 

1. Leases for cultivation of shellfish. The super- 
visor, under the direction and supervision of the 
commission, may lease lands under water for the 
cultivation of shellfish to persons who have resided 
in the state one year or more, but oyster beds of 
natural growth shall not be leased unless the same 
have for five years failed to produce natural oysters 
in sufficient quantities to enable persons engaged in 
the taking thereof, to earn a livelihood by working 
on such lands. 

2. Letting to be at public auction. Before a lease 
is made notice thereof must be posted for at least 
three Aveeks in a conspicuous place in the ofiice of 
the supervisor, in the office of the town clerk and 
in the post-office nearest to the land applied for. 
The letting shall be at public auction, to the highest 
bidder, and the commission shall classify the lands 
applied for in accordance with their value and fix 
a minimum price at which the lease may be awarded, 
but such price shall in no case be less than twenty- 



Conservation Law. 71 

five cents an acre annually and in no case shall 
term of the lease exceed fifteen years. 

3. Re-leasing. On the expiration of any lease or 
within ninety days prior thereto and upon it being 
shown to the satisfaction of the commission that 
the lands described therein have in good faith been 
used for shellfish cultivation continuously during the 
preceding term for which such lease was granted, 
the lessee, owner or holder of said lease shall have 
the privilege of re-leasing such lands for a period 
not exceeding fifteen years, upon such terms as may 
be agreed upon between said lessee and the super- 
visor, subject to the approval of the commission, 
but the rental shall in no case be less than twenty- 
five cents per acre annually. Upon the failure to 
agree on terms for the re-leasing of such lands, the 
holder of such original lease shall be allowed an 
extension of one year for the purpose of removing 
from the grounds so leased all shellfish belonging to 
him upon such ground, and such extension shall be 
made at the terms named in such original lease. 

4. Reports. Every person holding a lease or fran- 
chise Shall report annually to the supervisor, on 
blanks provided for that purpose, such information 
as the commission may deem necessary. 

5. Marking grounds. A lessee shall immediately 
mark the grounds leased, by stakes, buoys or monu- 
ments, which shall be maintained by him, his suc- 
cessors or assigns during the continuance of the 
lease. 



72 Uonservation Law. 

6. Leases not transferable. Leases shall not be 
trefnsferable in whole or in part, except to persons 
who might have been original lessees. 

7. Summary proceedings. The commission may 
immediately oust from such lands, tenants whose 
rent is in arrears or who fail or refuse to report 
as herein provided, and thereupon the lease held by 
such delinquent shall become null and void. The 
provisions of chapter seventeen, title two of the code 
of civil procedure shall apply and govern the pro- 
cedure in such cases. 

8. Limitations. This section shall not be con- 
strued as limiting the power of the commissionero 
of tne land office to grant land under water, but 
any grant of land actually occupied and in use for 
cultivation of shellfish shall be subject to the right 
of the occupant to occupy and use such land for at 
least two years, and no grant of land by such com- 
missioners of the land office shall thereafter be used 
for the cultivation of shellfish, nor shall the public 
be excluded therefrom for the purpose of taking 
shellfish. Nor shall it apply to any of the excepted 
lands named in section three hundred and seven of 
this chapter. 

§ 305. Collection of rents. The supervisors may, 
under the direction of the commission, in the name 
of the people of the state, sue for, collect, compro- 
mise, compound or satisfy rents which now are or 
may hereafter be in arrears on leases by the state, 



II 



Conservation Laio. 73 

of land under water, for the cultivation of shellfish 
and make such rebates thereon as in his judgment 
are just and equitable, provided the sum accepted on 
such compromise or settlement shall in no case be 
less than twenty-five cents an acre annually. In 
cases where a grantee or assignee of a grantee of 
lands for shellfish cultivation is desirous of sur- 
rendering such lands, the supervisor in his discre- 
tion shall, in case such person is not indebted to the 
commission for rentals or otherwise, receive an as- 
si^aiment of such lands to the state of New York 
and cause such assignment to be recorded in his 
office. 

§ 306. Settlement of disputes as to shellfish leases. 
The supervisor shall have jurisdiction to hear all 
controversies which have arisen or may arise with 
regard to the leasing of lands under water for the 
cultivation of shellfish, and to determine the same 
upon just and equitable terms to be approved by the 
commission. 

§ 307. Provisions for taxation; statement of prop- 
erty; penalty; assessment of tax. 

1. Statement of property. All owners, lessees or 
persons in possession of shellfish grounds within the 
state of New York, shall, on or before the thirtieth 
day of September, annually, deliver to the supervisor 
at his office a statement under oath, specifying the 
number of acres of shellfish grounds owned, leased 



74 Conservation Law. 

or used by them on the first day of August preced- 
ing, and the location, description and value thereof 
and whether held under grant, lease or otherwise, 
and printed blanks shall be prepared by the com- 
mission and furnished upon application at the office 
of the bureau of marine fisheries. But in case an 
owner, lessee or persons in possession as aforesaid 
shall have made a previous statement and shall make 
and file an affidavit of such fact on or before Sep- 
tember thirtieth in each year, showing that no 
change has been made in his or their holding as 
rendered in the previous statement, then such pre- 
vious statement shall be taken as the statement for 
the year in which the affidavit is filed. 

2. Penalty. In case of the failure of any such 
person to deliver such statement to said supervisor 
at his office within the time above specified, or, if 
any statement so delivered to him shall erroneously 
state the number of acres subject to the tax herein- 
after imposed, said supervisor shall make up a 
statement from the best information he may obtain, 
and shall add for such default to the tax herein- 
after provided a penalty of twenty per centum of 
the amount of such tax. 

3. Assessment of tax. The said supervisor shall 
annually make up and keep a book in his office to 
be known as the assessment book, in which he shall 
set down alphabetically the names and addresses of 
the owners, lessees or persons in possession of all 
shellfish ground within the state, the number of 



Conservation Law. 75 

acres held or possessed by them and the location 
thereof as shown by the statements aforesaid, the 
amount of the tax payable thereon as hereinafter 
provided, and any penalty thereon; such assessment 
book shall also contain columns for the date of pay- 
ment of such tax and the amount of tax and penalty 
paid. 

§ 308. Levy of tax; notice and grievance; pay- 
ment of tax; tax in lieu of other taxes; limitations. 

1. Levy of tax. For the benefit of the state and 
for the protection and fostering of the shell fisheries 
thereof, and the maintenance of an efficient office or 
bureau, an annual tax at the rate of twenty-five 
cents per acre shall be levied and assessed upon 
each and every acre of shellfish ground located 
within this state owned, leased or possessed by any 
person whatsoever. The commission shall annually, 
and before the first day of February, levy and assess 
the said tax upon the property described in the 
statement made as aforesaid, setting forth the 
amount thereof, and any penalty added thereto, in 
the assessment book, as provided in the last section. 

2. Notice and grievance. The commission shall 
thereupon serve notice on all persons whose lands 
are so assessed, and on which a tax is levied here- 
under, which notice shall be in writing and may 
be served personally or by mailing the same to the 
last known post-office address of such person, stat- 
ing that such tax roll has been completed and is 
on file in the office of the supervisor, the number of 



76 Conservation Law. 

acres so assossed and tlic amount of tlie tax thereon, 
the penalties incurred, if any, and tlmt on a day 
therein stated, which sliall be not less than five days 
from the date of such notice, the supervisor or the 
deputy in charge of the division of fish and game 
will hear the complaint of all persons declaring 
themselves aggrieved thereby, and on such hearing 
sections thirty-six and thirty-seven of the tax law 
shall apply so far as the same are applicable and 
Buch assessment may be reviewed by certiorari in 
the manner provided in the tax laAV for the review 
of erroneous or illegal assessments. 

3. Payment of tax. Such tax shall be paid to the 
said commission at the office of the supervisor 
within sixty days after the first day of February 
in each year, and he shall give a proper receij)t 
therefor, and immediately enter such payment upon 
the assessment book with tho date of payment. 
Such tax and any penalty thereon sliall be a first 
lien upon all the property subject thereto, including 
the shellfish thereon from the first day of February 
in the year in which such tax is laid. 

4. Tax in lieu of other taxes. The tax hereby 
imposed shall be in lieu of all other taxes on such 
property, and no other tax except as provided in 
this article shall be levied or im}K)sod on said shell- 
fish grounds, or the shellfish thereon, by any au- 
thority whatever. 

5. Limitations. Sections one hundred and fifty, 
three hundred and six, three hundred and seven. 



Conservation Law. 77 

three hundred and eight, three hundred and nine 
and three liundred and ten of this chapter do not 
api>ly to or affect lands under water, held and in 
possession under colonial patents, or legislative 
grants, by any town or person in tlie counties of 
Kings, Queens, Suffolk, Nassau or Kichmond, or to 
lands under the waters of Gardiners and Peconic 
bays, ceded by the state to the county of Suffolk, 
pursuant to chapter three hundred and eiglity-five 
of the laws of eighteen hundred and eighty-four, as 
amended by chapter six hundred and forty of the 
laws of nineteen hundred and six. 

§ 309. Collection of tax. If any tax so laid shall 
not be paid on or before the first day of April, the 
said supervisor shall make and issue his warrant, 
in the name of the commission, for the collection 
thereof, with interest thereon, at one per centum 
per month from the day such tax became due and 
})ayable, and until paid, which warrant shall be 
delivered to the sheriff of the county within whose 
jurisdiction the lands are situated, directing such 
sheriff to collect such tax, together with the penalty 
and interest, if any, due thereon, together witli liis 
fees for making such collection, and such sheriff is 
hereby authorized, empowered and required in de- 
fault of such payment to sell the property described 
in such warrant in tlie manner provided by law for 
a Halo under execution, and to deliver to the pur- 
chaser thereof a proper deed or assignment, as the 



78 Conservation Law. 

case may be, and such warrant shall immediately" 
be returned to said supervisor by said sheriff with 
all his proceedings indorsed thereon, and he shall 
pay over to said supervisor the money received upon 
such sale, and said supervisor shall apply the same 
to the payment of such tax and all interest and ex- 
penses thereon, including the expenses of such sale, 
returning any balance that may remain to such 
owner or owners. All moneys received by said 
supervisor in payment of taxes and interest thereon 
shall be accounted for and paid by said supervisor 
to the state treasurer, for the benefit of the state, 
within thirty days after its receipt. 

§ 310. Sanitary inspection of shellfish grounds; 
cancellation of certificate; service of notice; report. 

1. Sanitary inspection of shellfish grounds. It 
shall be the duty of the supervisor within one 
year from the passage of this act, or within such 
further time as it may require to complete the 
same and annually thereafter, to cause to be in- 
spected and examined by a competent bacteriolo- 
gist, appointed by the commission, all shellfish 
grounds and other places within the state from 
which shellfish are taken, to be marketed and sold 
for consumption, with a view to ascertaining the 
sanitary condition of such shellfish grounds and 
other places, and the fitness of the shellfish in 
such places, or which are taken therefrom, for use 
as articles of food. 



Conservation Law, 79 

2. Cancellation of certificate. The commission 
may, if it deems it necessary at any time, have 
the whole or any part of such lands and waters in- 
spected, and if the shellfish thereon are found unfit 
for consumption, cause a certificate of inspection 
thereof, theretofore issued, to be canceled on ten 
days' written notice to the holder. 

3. Service of notice. Such notice shall be in writ- 
ing and shall be served on the person to whom 
the certificate is issued, and may be served by de- 
livering the same to him personally or by post by 
letter addressed to t^ie person on whom it is to be 
served at his last known place of residence, and if 
served by post shall be deemed to have been served at 
the time when the letter containing the same would 
be delivered in the ordinary course of the post. When 
the person is a corporation, notice shall be served 
by delivering the same or by sending it by post ad- 
dressed to the office or principal place of business 
of such corporation. 

4. Report. Such bacteriologist shall immediately 
after each examination and inspection make a re- 
port thereof to the supervisor of the sanitary con- 
dition of the various shellfish grounds and other 
places and their products inspected and examined 
by him. 

§ 311. Duties of state commissioner of health. 
For the purpose of making such inspection, the com- 
mission may request the state commissioner of 



80 Conservation Laio. 

health to designate and assign, and it shall be the 
duty of the state commissioner of health, upon such 
application, to designate and assign one or more 
sanitary inspectors who shall, under the direction 
of the supervisor of marine fisheries, visit such 
shellfish grounds and places, and examine them, 
and the shellfish found thereon or therein, and im- 
mediately report to said supervisor the result of 
such examination. 

§ 312. Record and certificate of inspection; fee; 
termination; revocation; transfer; notice of condi- 
tion of public shellfish grounds. 

1. Record and certificate of inspection. The su- 
pervisor shall determine from either or both of the 
reports mentioned, or such other inspection as he 
may order in the two preceding sections, whether 
such shellfish grounds and the product thereof are 
in a sanitary condition. He shall keep or cause to 
be kept an official record of such examination and 
inspection, and shall immediately thereafter issue a 
certificate setting forth the date and the result of 
such examination and inspection to the owners, 
lessees or persons in possession of such oyster beds 
and other shellfish grounds as shall be found to be 
in good sanitary condition and the product of which 
shall be found fit for use as food. The said certi- 
ficate shall also state the name, place of residence 
and post-office address of the owner, lessee or person 
in possession of the grounds from which oysters or 



Conservation Law. 81 

other shellfish are taken, or upon which the same 
have been planted or cultivated, and shall contain 
a brief description of the said shellfish grounds, 
their location by lot number, if possible, and the 
number of acres in each lot or parcel. 

2. Revocatioii. The supervisor may revoke any 
certificate as to any lot or parcel which may there- 
after become unsanitary, and a new certificate shall 
in such case be issued for the remaining lots or 
parcels without fee. 

3. Transfer. In case any shellfish grounds or par- 
cels thereof are sold or leases thereof transferred, 
a new certificate shall be issued to the purchaser or 
purchasers thereof upon application to the super- 
visor. 

4. Notice of conditions of public shellfish grounds. 
The supervisor shall, after examination and inspec- 
tion of public shellfish grounds, give to the public, 
notice of the result of such examination and in- 
spection. Such notice shall be published in a news- 
paper published in the county and posted in three 
public and conspicuous places in the town in which 
said shellfish grounds are located. 

§ 313. Prohibited sale of shellfish unless sanitary 
condition be certified; certificate to be furnished. 

1. Sale of shellfish prohibited unless sanitary con- 
dition be certified. After such notice or report of 
sanitary condition as prescribed in sections three 
hundred and ten, three hundred and eleven and 



r 



82 Conservation Law. 

three hundred and twelve of this chapter, has been 
given, any person who shall ship, sell, cause to be 
sold, or offer or expose for sale, within this state, 
lor consumption as food, any oyster or other shell- 
fish taken from shellfish grounds or places within 
the jurisdiction of or forming part of the state of 
New York, which have not been so certified to be in 
good sanitary condition and the product of which 
has not been so certified to be fit for use as food, 
shall be guilty of a misdemeanor. 

2. Certificate to be furnished. The supervisor, at 
the request of any person interested, shall furnish 
a certificate of the result of any such examination 
where the shellfish are reported as not fit for con- 
sumption. Every certificate, duly signed and 
acknowledged, of a bacteriologist or other expert 
employed by the commission or any analysis, ex- 
amination or inspection made by such bacteriologist 
or expert with respect to any matter or product 
which the commission has authority to examine, or 
cause to be examined, shall be presumptive evidence 
of the facts therein stated. 

§ 314. Taking oysters in South bay. Oysters, 
spawn or shells shall not be taken from South bay 
in Suffolk county from the public waters of this 
state from May thirty-first to September first, both 
inclusive; or taken between sunset and sunrise at 
any season. Oyster shells taken from the public 
waters of said bay in said county shall be returned 



Conservation Law. 83 

to the water where taken within ten minutes after 
being taken. Blade or scraper tongs, commonly 
known as dredges, used to take shellfish shall not 
be used on public lands in waters of said bay in said 
county. This section is subject to the provisions 
of section three hundred and thirty-four of this 
article. 

§ 315. Blue point oysters. No person, firm or cor- 
poration shall sell or offer for sale any oysters, or 
label or brand any package containing oysters for 
shipment or sale, under the name of blue point 
oysters, other than oysters that have been planted 
and cultivated at least three months in the waters 
of Great South bay in Suffolk county. 

§ 316. Shellfish beds protected. Shellfish shall not 
be taken from sunset until sunrise. No person shall 
take, carry away, interfere with or disturb oysters 
or clams of another lawfully planted or cultivated, 
or remove any stakes, buoys or boundary marks of 
a planted or cultivated bed. The possession of 
dredges, rakes or tongs overboard on any such beds 
shall be deemed prima facie evidence of a violation 
of this section. 

§ 317. Dredging and raking for shellfish. Dredges 
for taking of shellfish from public or unlcased lands 
shall not be operated from any boat propelled other- 
wise than by sail or oars. 



84 Conservation Laiv. 

§ 318. Scallops; size limit. Scallops shall not be 
taken from public lands or possessed, if less than 
one year old and measuring less than .two inches 
in greatest diameter. ■! 

§ 319. Resident only to take shellfish. No persoa 
who has not been an actual resident of this state 
for six months immediately prior to the time of 
engaging in the taking of shellfish, shall take shell- 
fish from the public lands in or under the waters 
of this state. Nothing in this section shall apply 
to a person who may be employed as a deck hand, 
engineer or fireman on a boat whose captain or 
owner may be a lawful resident. 

§ 320. Starrfish to be destroyed. Starfish and 
other natural enemies of shellfish shall be destroyed 
when taken, and shall not be returned alive to the 
waters of the state. 

§ 321. Prohibited; taking of lobsters under certain 
size. Lobsters less than four and one-eighth inches 
measured on the carapace shall not be taken, pos- 
sessed or sold. No person shall at any time take 
any female lobsters in spawn or with eggs attached, 
unless upon the written order of the state fish cul- 
turist or the supervisor. 

§ 322. Size of openings in lobster traps. All lob- 
ster traps constructed or used after the thirty-first 



Vonservation Law. »a 

day of December, nineteen hundred and fourteen, 
shall have the laths not less than one and one-half 
inches apart. The space between such laths must 
remain clear and undiminished. 

§ 323. Residents only to take lobsters, except in 
certain waters. No person who has not been an 
actual resident of this state for six months im- 
mediately prior to the time of engaging in the tak- 
ing of lobsters, shall take lobsters from the public 
waters of the state, except that in the public 
waters of the state lying to the north and east of 
a line drawn from Gardiner's Point to Orient Point 
and thence extended in the same direction until it 
intersects with the state boundary line between 
New York and Connecticut, licenses to take lobsters 
may be issued to non-residents upon payment of the 
following fees: For boats of ten or more tons 
measurement, thirty-five dollars; for boats of five to 
ten tons measurement, twenty-five dollars; for all 
other boats, twenty dollars, except that for boats 
carrying one man only the license fee shall be fifteen 
dollars. Such boats, when so licensed, shall carry 
displayed upon them the license number, of such size 
and placed in such position upon the boat or rigging 
as may be prescribed by the commission. Such 
licenses shall not be transferable and shall be con- 
ditioned that the holder shall observe the fishery 
laws of this state, and shall at any time and with- 
out delay permit protectors and peace officers of 



86 Conservation Law. 

this state to board such boats and inspect the cargo 
or contents. All such licenses shall expire upon the 
thirty-first day of December following the date of 
issue, and any license may be revoked at any time 
at the pleasure of the commission. 

§ 324. Licenses for vessels; non-residents; unlaw- 
ful use of food fish. 

1. There shall be a license fee of fifty dollars 
per annum for each steam vessel of fifty tons or 
over and twenty-five dollars for every other ves- 
sel engaged in fishing with nets in the tidal 
waters of the state, for the purpose of making oil 
or fertilizer from the fish product taken. The owner 
or owners, lessee or lessees, or persons operating, 
running, managing or fishing with any such vessel, 
using the same in fishing with nets in the tidal 
waters of the state for the purpose of making oil 
or fertilizer from fish products taken, who shall not 
before engaging in such business procure of the 
commission such license as herein provided, shall be 
guilty of a misdemeanor and punishable by a fine 
of not less than three hundred dollars for each 
offense. 

2. Non-residents. Non-residents of the state en- 
gaged in fishing with nets in the tidal waters of 
the state for food fish shall be required to pay a 
license fee of five dollars to the state for each vessel ■{ 
used in fishing with nets in such waters. A non- 
resident using any vessel for the purpose of taking 



Conservation Laiv. 87 

fish with nets from the tidal waters of the state, or 
within three nautical miles of the coast line, without 
first having obtained from the commission the neces- 
sary license or licenses as herein provided, is guilty 
of a misdemeanor and shall be liable to a penalty 
of one hundred dollars, and to an additional penalty 
of twenty-five dollars for each vessel so used. 

3. Unlawful use of food fish. It shall be unlawful 
for any person, corporation, copartnership or firm 
to engage in taking food fish for the purpose of 
rendering the same into oil or fertilizer, and any 
such person, corporation, copartnership or firm tak- 
ing food fish for such purpose shall be guilty of a 
misdemeanor and punishable by a fine of not less 
than one hundred dollars for each offense. 



§ 325. Polluting waters. Sludge, acid or refuse 
from oil works, sugar houses or other manufactories, 
except refuse from the manufacture of oil from 
menhaden or other fish, sewage or any substance 
injurious to oyster culture or fish, shall not be 
placed or allowed to run into waters of the state in 
the marine district, and upon it appearing to the 
satisfaction of the supervisor that oyster beds or 
such waters have become polluted from one or more 
cf these causes, it shall be his duty to cause com- 
plaint to be made in a criminal action against the 
person or persons so offending, and such person or 
persons so offending shall also be liable in damages 



88 Conservation Law. 

to persons injured, in addition to the penalties here- 
inafter provided. 



§ 326. Garbage not to be thrown in certain waters. 
Garbage, cinders, ashes, oils, acids, sludge or refuse 
of any kind shall not be thrown, dumped, or per- 
mitted to run, from any vessel into any bay or 
harbor, or into Long Island sound within two miles 
of the shore west of a line drawn from Old Field 
point due north to the boundary line between New 
York and Connecticut. 



§ 327. Prohibited use of nets in inlets. Nets shall 
not be set, placed or maintained in Rockaway inlet, 
Jones' inlet, Zack's inlet or Fire Island inlet within 
an inshore radius of one-half mile of the mouth of 
any such inlets. The point from which such 
measurement is to be taken shall be the centre of 
the channel where such channel crosses the bar at 
the mouth of said inlet. 



§ 328. Prohibited; nets in the Harlem river and 
adjacent waters. Nets other than nets used for 
catching lobsters or crabs shall not be used in the 
Harlem river. East river or Long Island sound from 
Hell Gate to the northern boundary line o2 the city 
of New York or in any of the bays, creeks or con- 
fluent brooks within said limit. 



Conservation La\l\ 89 

§ 329. Richmond county and Raritan bay. Fish, 
except shad, in Raritan bay or waters adjacent 
thereto in Richmond county shall not be taken ex- 
cept by angling. Shad shall not be taken except by 
drifting shad nets from March fifteenth to June 
fifteenth, both inclusive. 



§ 33O" Jamaica bay and adjacent waters. Nets 
shall not be set, placed or maintained in the arm 
of tlie sea between Rockaway point and Coney Island 
or any waters northerly of a line drawn from the 
extreme westerly point of Rockaway point on the 
south side to the municipal bath houses on Coney 
Island, including Jamaica, Flatlands, Grassey and 
Sheepshead bays and all other bays and inlets in 
or making out from said arm of the sea. The inlets 
from the ocean to said bays shall not be obstructed 
by any device so as to prevent the passage of fish 
at any time, provided that nets may be used from 
October tenth to December thirty-first in that part 
of said waters lying southerly of Barren island and 
toward the sea from a line drawn from the most 
southerly point of Barren island to the noi'theasterly 
point of Rockaway point and a line drawn from the 
most westerly point on Barren island to the most 
easterly point of Coney Island. Refuse and debris 
may be taken wath nets having meshes with not 
less than a six-inch bar. Minnows or shrimp for 
bait may be taken by hand nets not more than 



90 Conservation Law. 

forty feet long and four feet deep. Eels may be 
taken with a spear or eel weir. 

§ 331. Size of mesh in Coney Island creek. The 
mesh of nets used in Coney Island creek, or within 
one-half mile of the mouth thereof in Gravesend 
bay, shall not be less than four inches square. Eel 
and flounder hoop nets may be used from October 
fifteenth to March tliirty-first, both inclusive, pro- 
vided there be in said creek at low tide a passage 
unobstructed by nets not less than ten feet wide 
for the passage of boats and fish, and provided that 
all stakes used in connection with said nets shall 
shov/ plainly above the water at high tide. 

§ 332. Rockaway bay, Jones' inlet and adjacent 
waters. Nets shall not be set, placed or maintained 
in Far Rockaway bay, Jones' inlet or waters adjacent 
theretO; west of a line drawn from the easterly end 
of Goose island south to Zack's inlet life saving sta- 
tion. This section shall not apply to nets used only 
for taking lobsters or crabs; or hand nets not more 
than forty feet long to take minnows, menhaden, 
killics, spearing, or shrimp for bait, provided a li- 
cense to take such bait shall be first obtained pur- 
suant to the provisions of section two hundred and 
thirty of this article. 

§ 333. Recording and fees. All franchises, grants 
and leases of lands for shellfish culture, and assign- 



Conservation Laio. 91 

monts thereof, shall be recorded in the oflice of the 
supervisor, and all records thereof, theretofore or 
hereafter made, in such office or in any public office, 
and copies of such records when duly certified by the 
officer having the custody thereof, shall be admitted 
in evidence in any action or proceeding^ civil or 
criminal, in which they are material. Fees shall be 
paid to the state and collected by the supervisor as 
follows, to wit, for the filing of each application for 
a grant or lease of land under M^ater, twenty-five 
cents; for recording each instrument of lease, grant 
or assignment, one dollar; for each copy of any 
record of said office furnished, ten cents a folio; for 
each relocation survey^ seven dollars per day for 
the time occupied, together with the actual travel- 
ing expenses of the surveyor. Any person requiring 
an original or relocation survey shall furnish a 
vessel at the place where such survey is to be made, 
and tlie necessary assistance to do the work, at his 
own expense. 



§ 334. Supervisors of Nassau and Suffolk counties. 
The board of supervisors of the counties of Nassau 
and Suffolk may respectively pass laws not incoii- 
sistent with the provisions of this article regulating 
and controlling the taking of fish, and shellfish in 
arms of the sea and fish bait from public lands of 
such counties, and prescribe what violations thereof 
shall be punishable as misdemeanors and impose pen- 



8!2 Conservation Law. 

alties, the same to be enforced under the provisions 
of article three of this chapter. 

§ 335- Penalties. A person who violates any pro- 
visions qf sections three hundred and thirteen to three 
hundred and twenty-three, both inclusive, and sec- 
tions three hundred and twenty-five to three hun- 
dred and thirty-three, both inclusive, of this' article 
is guilty of a misdemeanor and shall be punished 
by a fine of not less than fifty dollars nor more 
thaji one hundred dollars or by imprisonment in a 
county jail or penitentiary for not less than one day 
for every dollar of such penalty or by both such fine 
and imprisonment; and for each, violation of sec- 
tions three hundred and twenty-one and three hun- 
dred and twenty-five to an additional penalty of ten 
dollars for each fish or Crustacea taken or possessed 
in violation thereof. 

PART XI. 
PRIVATE PARKS. 

Section 3G0. Laying out private parks. 

361. Notices in private parks. 

362. Protection of private lands not parks. 

363. Notices furnished. 

264. Signs not to be defaced. 

365. Fish and game protected. 

366. Penalties. 

§ 360. Laying out private parks. A private park 
for the propagation and protection of fish, birds or 



Conservation Laio. 93 

game may be established by an owner or person hav- 
ing the exclusive right to hunt or fish on land or 
land and water, by publishing once a week for not 
less than four weeks in a newspaper printed in the 
county where such land or land and water are situ- 
ated, a notice substantially describing the same and 
stating tluit it will be used as a private park to 
propagate and protect fish, birds or game. Part of 
a lake or pond may be laid out in a private park, 
if all riparian owners, including owners of the bed 
thereof, consent thereto in writing. If the state of 
New York be such owner such consent may be given 
by the commission. But waters stocked with fish 
by the state at any time after April seventeenth, 
eighteen hundred and ninety-six, shall not be laid 
out in any such park. If waters or lands are here- 
after stocked by the state with fish or game with 
the consent or knowledge of the owner, the pro- 
visions of this part shall no longer apply thereto. 

§ 361. Notices in private parks. Notice or sign- 
boards not less than one foot square warning all 
persons against hunting or fishing or trespassing 
thereon for that purpose, shall be conspicuously 
posted and maintained on a private park as follows: 
If it consists entirely of land, not more than forty 
rods apart along the entire boundary thereof; if it 
consists of land and water, at least one notice for 



94 Conservation Law. 

each one hundred acres thereof; if it consists of a 
lake or pond only, in at least four conspicuous places 
on or near the shore thereof; if it consists of a 
stream only, not more than one-half mile apart on 
the banks thereof. If a park be fenced, upon part 
or the whole of the outer boundary thereof, notices 
shall be placed on or near the fence not more than 
forty rods apart. It shall also be considered due 
service of notice for trespass upon any person or 
persons, by serving them personally in the name of 
the owner or owners of such private park witli a 
written notice containing a brief description of the 
premises, warning all persons against hunting or 
fishing or trespassing thereon. 

§ 362. Protection of private lands not parks. An 
owner or person having the exclusive right to hunt 
or fish upon inclosed or cultivated lands, or to take 
fish in a pond or stream and desiring to protect the 
same, shall maintain such notices or signboards, as 
are described in the preceding section, upon every 
twenty-five acres of the premises sought to be pro- 
tected upon or near the lot lines thereof, and one 
sign at each corner thereof, or if waters only, upon 
or near the shores thereof in at least two conspicu- 
ous places, or may personally serve a written notice 
in the name of such ovv-ner or person containing a 
brief description of the premises warning all per- 
sons against hunting or fishing or trespassing 
thereon for that purpose. 



Conservation Law, 95 

§ 363. Notices furnished. Upon written applica- 
tion to the commission accompanied by one dollar 
for every ten notices or part thereof applied for, 
printed notices may be furnished by the commission. 

§ 364. Signs not to be defaced. A person who 
injures, defaces or removes a notice or signboard, 
placed or maintained pursuant to the provisions of 
this article, is guilty of a misdemeanor, and liable 
to a penalty of twenty-five dollars. 

§ 365. Fish and game protected. No person shall 
take or disturb fish, birds or game on any private 
park or private lands or trespass thereon for that 
purpose, after notice as prescribed in this part. 

§ 366. Penalties. A person who violates any pro- 
vision of this article is guilty of a misdemeanor, 
and shall be subject to exemplary damages in the 
sum of twenty-five dollars for each offense or tres- 
pass to be recovered by the owner of the lands, or 
hunting and fishing rights thereon, with costs of 
suit, in addition to the actual damages, all of which 
may be recovered in the same action. The consent 
in writing of such owner to hunt or fish on said 
lands during the open season shall be a defense to 
a prosecution under this section. 



96 Conservation Law. 



PART XII. 

BREEDING, IMPORTATION AND SALE OF FISH 
AND GAME. 

Section 370. Lake trout and other fish; transporta- 
tion of; sale during close season. 

371. Sale of trout raised in private hatch- 

eries. 

372. Breeding of elk, deer, pheasants' and 

ducks. 

373. Certain mammals and birds may be im- 

ported from without the United 
States and sold. 

374. Fees. 

375. Storage of fish. 
37G. Penalties. 

Section 370. Lake trout and other fish; transpor- 
tation of; sale during close season. Fish that may 
be lawfully sold under the provisions of this article, 
if lawfully taken in another state or country, may 
be transported into this state and possessed during 
the open season prescribed by this article. Provided, 
however, that no person shall transport into this 
state, or possess, any fish caught in that portion of 
Lake Champlain or its tributaries known as Mis- 
sisquoi bay, lying and being in the province of 
Quebec, or the Richelieu river, which is the outlet 
of said lake, at any time. During the close season 



Conservation Laio. 97 

therefor any person may buy, possess and sell lake 
trout, whitelish, pickerel, pike, pike perch, short- 
nosed sturgeon and striped bass taken without the 
state, provided, however, such person shall keep a 
book of record in which he shall enter the name, 
residence and post-oflice address of every person 
from whom he shall buy, sell to or ship such fish 
and will at all times permit the commission, or any 
member or officer thereof, a full examination of his 
books and papers relating to tlie purchase and sale 
of fish, and will, when required by the commission, 
furnish the original invoice or invoices, freight or 
express receipts used in the transportation thereof. 



§ 371. Sale of trout raised in private hatcheries. 
Any person desiring to engage .in the business of 
propagating and selling trout raised in a private 
hatchery may make application in writing to the 
commission for a permit so to do. The commission, 
when it appears that such application is made in 
good faith, shall issue to such applicant a hatchery 
permit to propagate, raise and sell trout during the 
entire calendar year, provided, however, that before 
any trout shall be transported, sold or offered for 
sale, the same shall be dulj^ tagged under regulations 
prescribed by the commission. Upon obtaining a 
like permit, trout raised in a private hatchery with- 
out the state, may be possessed and sold within this 
state, provided the same shall be tagged as pre- 



98 Conservation Law. 

scribed under rules and regulations of the commis- 
sion. 

§ 372. Breeding of elk, deer, pheasants and ducks; 
license; manner of killing; tagging; transportation; 
sale; reports; fencing; revocation of license. 

1. License. Any person desiring to engage in the 
business of raising and selling domesticated Ameri- 
can elk, white-tailed deer, European red deer and 
fallow deer, roebuck, pheasants, mallard ducks and 
black ducks, or any of them, in a wholly enclosed 
preserve, or entire island, of which he is tlie o\v^ner 
or lessee, may make application in writing to the 
commission for a license so to do. The commission, 
when it shall appear that such application is made 
in good faith, shall, upon the payment of a fee of 
five dollars, issue to such applicant a breeder's li- 
cense permitting such applicant to breed and raise 
domesticated American elk, white-tailed deer, Euro- 
pean red deer and fallow deer, roebuck, pheasants, 
mallard ducks and black ducks, or any of them, on 

such preserve or entire island, and to sell the same 
alive at any time for breeding or stocking purposes 
and to kill and transport the same and sell the 
carcasses thereof for food as hereinafter provided. 
Such license shall expire on the last day of Decem- 
ber in each year at midnight. 

2. Manner of killing. Any person to whom such 
a license shall have been issued may kill such elk, 
deer, pheasants or ducks in the manner and at the 
times herein set forth, us follows: Elk or deer may 



Coin'iervation 'Lhic. 99 

be killed by shooting, or otherwise, between the first 
day of October and the first day of March, both in- 
clusive. Pheasants may be killed by shooting, or 
otherwise, between the first day of October and the 
thirty-first day of January, both inclusive. Mallard 
ducks and black ducks may be killed, otherwise than 
by shooting, from the first day of October to the 
tenth day of January, both inclusive. Any person 
may possess or sell such elk, deer, pheasants or 
ducks for food as hereinafter set forth. A breeder 
of pheasants under a license, as herein provided, 
may, during the month of February, kill by shoot- 
ing his surplus cock pheasants, provided he shall 
first obtain a license from the commission so to do. 
3. Tagging. No elk, deer, pheasants or ducks, 
killed as aforesaid and intended for sale, shall be 
shipped, transported, sold or offered for sale, unless 
each quarter and each loin of each carcass of such 
elk or deer, and each pheasant or duck shall have 
been tagged under the supervision of the commis- 
sion with an indestructible tag or seal, which shall 
be supplied by the commission. The quarters and 
loins of the carcass of such elk or deer, and the car- 
casses of such pheasants or ducks, when tagged as 
aforesaid, may be possessed, sold or offered for sale 
between October first and March first, both inclusive. 
Every game protector or person designated by whom 
such elk, deer, pheasant or ducks shall have been 
tagged, shall, within five days thereafter, make and 
file with the commission a written report thereof, 



100 Conservation Laic. 

which shall contain a statement of the name of the 
person by whom such elk, deer, pheasants or ducks 
were bred or raised and killed; the number of such 
elk, deer, pheasants or ducks so killed, and the name 
of the person or persons to whom such elk, deer, 
pheasants or ducks were sold, or to whom they were 
transported. 

4. Transportation. Common carriers may receive 
and transport during the open season therefor car- 
casses, or parts thereof, of elk, deer, pheasants or 
ducks tagged as aforesaid, but to every package con- 
taining such carcasses, or parts thereof, shall be 
affixed a tag or label, upon which shall be plainly 
printed or written the name of the person to whom 
such license was issued and by whom sucli elk, deer, 
pheasants or ducks were killed, the name or names 
of the person or persons to whom such elk, deer, 
pheasants or ducks are to be transported; the 
name of the game protector or other person by 
whom such elk, deer, pheasants or ducks were 
tagged; the number of carcasses or portions thereof 
contained therein, and that the elk, deer, pheasants 
or ducks were killed and tagged in accordance with 
the provisions of this section. 

5. Sale. No person shall sell or offer for sale any 
venison or birds killed and tagged as aforesaid with- 
out first obtaining a license so to do from the com- 
mission, upon such terms and conditions as the com- 
mission may prescribe, and any such license may be 
revoked at the pleasure of the commission. The 



Conservation Law, 101 

said tags or seals shall remain affixed as aforesaid 
until the quarters or loins of such elk or deer, or 
the carcasses of such pheasants or ducks shall have 
been wholly consumed, and the sale of a quarter, 
loin, or any larger portion of any such elk or deer, or 
the carcass of any such pheasant or duck, which 
shall not at the time have affixed thereto the tag or 
seal aforesaid, shall constitute a violation of this 
section, provided, however, that the keeper of a hotel, 
a restaurant, a boarding house or a retail dealer in 
meat or a club, may sell portions of a quarter or 
loin of any such elk or deer, or of the carcass of 
any such pheasants' or ducks so tagged or sealed as 
aforesaid, to a patron or customer for actual con- 
sumption, and no license shall be required of such 
person or club. 

6. Reports. On or before the fifteenth day of 
April of each year every person, to whom a license 
shall have been issued as aforesaid, shall make a 
report to the commission covering the period from 
the first day of October to the first day of March 
preceding, which said report shall state the total 
number of elk; deer, pheasants, mallard and black 
ducks killed, sold or transported, as permitted by 
the provisions of this section, during said period. 

Such reports shall set forth the name of the per- 
son to whom such elk, deer, pheasants or ducks were 
sold or transported; the name of the game protector 
or person designated in whose presence such elk, 
deer, pheasants or ducks were tagged, and such re- 



102 Conservation Law. • 

ports shall be verified by the affidavit of the person 
to whom such license was issued, or if the license 
was issued to a corporation, then by an officer 
thereof. 

7. Deer preserves to be fenced. A preserve used 
for the breeding of elk or deer, pursuant to this 
section, shall be surrounded by a fence of wire or 
other material of a pattern to be approved by the 
commission of a height not less than seven feet. 

8. Revocation of license. If any person to whom 
any such license shall have been issued shall be 
convicted of a violation of the fish and game law, 
the commission may revoke the license of such per- 
son, and thereafter no similar license shall be issued 
to such person. 

§ 373- Certain mammals and birds may be im- 
ported from without the United States and sold. 
The unplucked carcasses of pheasants of all species, 
Scotch grouse, European black-game, European black 
plover,' European red-legged partridge, Egyptian 
quail, and the carcasses of European red deer, fallow 
deer and roebuck may be imported into this state 
from without the United States and sold therein 
at any time, provided, nevertheless, that immediately 
upon their importation and before they shall have 
been sold by the importer, there shall be affixed 
to each bird and to each quarter and each loin of 
each deer a tag or seal in the manner provided by 
section three hundred and seventv-two. The said 



■ Conservation Laiv. 103 

tags or seals shall remain, as aforesaid, until the 
quarters and loin of such deer, and each bird to 
which it shall be affixed shall have been consumed, 
and the sale of any quarter, loin or larger portion 
of such deer, or of any portion of such bird which 
shall not at the time have affixed to it the tag or 
seal aforesaid shall constitute a violation of this 
section. Provided, nevertheless, that the keeper of 
a hotel, a restaurant, a boarding house or a retail 
dealer in meat or a club may sell portions of a 
quarter or loin of any such deer so tagged, or por- 
tions of any birds so tagged to a guest, customer 
or member for consumption. No dealer other than 
the keeper of a hotel, a restaurant, a boarding house 
or a retail dealer in meat or a club shall sell or 
offer for sale any such game imported and tagged 
as aforesaid without first obtaining a license so to 
do from the commission upon such terms and con- 
ditions as the commission may prescribe. Such li- 
cense shall expire on the last day of December in 
each year at midnight unless sooner revoked by the 
commission. 



§ 374. Fees. The commission shall be entitled to 
receive and collect for each tag or seal affixed to 
the carcass of any animal or bird, as provided by 
sections three hundred and seventy-two and three 
hundred and seventy-three, the sum of five cents 
and the sum of three cents for each tag or seal 



104 Conservation Laic. 

affixed to each trout as provided by section three 
hundred and seventy-one hereof. 

§ 375« Storage of fish. Any dealer in fish, duly 
licensed as herein provided, may hold during the 
close season, in a store house to be designated by 
the commission, such part of his stock of fish as 
he has on hand undisposed of at the beginning of 
the close season. Such dealer shall give a bond to 
the people of the state conditioned that he will not, 
during the close season ensuing, sell, use, give 
away, or otherwise dispose of any fish which he is 
permitted to possess during the close season; that 
he will not in any way, during the time when such 
bond is in force, violate any provision of this ar- 
ticle; the bond may also contain such other pro- 
visions as to the inspection of the fish possessed, as 
the commission shall require, and shall be subject 
to the approval of the commission as to amount and 
form thereof, and the sufficiency of the sureties. 
But no presumption that any fish is lawfully pos- 
sessed under the provisions of this section shall 
arise until it affirmatively appears that the pro- 
visions thereof have been complied with. 

§ 376. Penalties. A person who violates or fails 
to perform any duty imposed by any of the pro- 
visions of this part is, except as provided in section 
two hundred and eleven, guilty of a misdemeanor, 
and is liable to a penalty of sixty dollars and an 



Conservation Law* ;105 

additional penalty of twenty-five dollars for each 
fish, bird, or quadruped or part of fish, bird or 
quadruped bought, sold, offered for sale, taken, pos- 
sessed, transported or had in possession for trans- 
portation in violation thereof. 



PART XIII. 
DEFINITIONS AND CONSTRUCTION. 

Section 380. Definitions. 

381. Application of article. 

382. Construction. 

383. Kepeal. 

384. Time of taking effect. 

Section 380. Definitions. The following words 
and phrases used in this article are defined as fol- 
lows. 

1. "Commission" is synonymous with conserva- 
tion commission. 

2. Gender and number shall be disregarded in 
construing this article whenever it is necessary to 
carry out the spirit thereof. 

3. " Person " includes a copartnership, joint-stock 
company or corporation. 

4. "Open season" is the time during which fish, 
fowl, birds and quadrupeds may be taken. If in 
accordance with the provisions of this article the 
open season commences or ends on Sunday, it shall 



106 Conservation Law. 

be deemed to commence or end as the case may be 
on the Saturday immediately preceding such Sunday. 

5. " Close season " is the time during which fish, 
fowl, birds and quadrupeds cannot be taken. 

6. " Fish." Fish includes " fish protected by law," 
" fish protected by this article," and *' food-fish." 
Whenever the words " fish protected by law " or 
" fish protected by this article " are used, reference 
is had only to fish for which a closed season or 
size limit is provided. Whenever the words " food- 
fish " are used, reference is had to all species of 
edible fish. 

7. " Game " includes wild game, domestic game 
and imported game. 

8. " Wild game " includes all game birds as de- 
fined and mentioned in section two hundred ten, 
and all quadrupeds for which a close season is pro- 
vided, excepting quadrupeds mentioned in sections 
one hundred ninety-eight, one hundred ninety-nine 
and two hundred. 

9. " Domestic game " includes quadrupeds and 
birds mentioned in section three hundred seventy- 
two. 

10. " Imported game " includes quadrupeds and 
birds mentioned in section three hundred seventy- 
three. 

11. "Wild deer" includes all deer not lawfully 
held in private ownership in a preserve wholly en- 
closed by a fence, as provided by oection three hun- 
dred seventy- two hereof. 



Conservation Law. 107 

12. " Grouse " includes ruffed grouse, partridge 
and every member of the grouse family. 

13. "Trout" includes speckled trout, brown trout, 
rainbow trout, red-throat trout and brook trout. 

14. " Lake trout " for the purposes of this article 
includes landlocked salmon and ouananische. 

15. " Black bass " includes Oswego bass. 

16. " Pickerel " and " pike " include the great 
northern pike, commonly called pickerel, pond pick- 
erel, chain pickerel, grass pickerel and banded 
pickerel. 

17. " Pikepercli " includes wall-eyed pike, com- 
monly called pike and yellow pike. 

18. " Shell fish " includes oysters, scallops and all 
kinds of clams. 

19. " Pheasants " includes Hungarian dark-necked 
pheasant, ring-necked, commonly called English, 
Mongolian or Chinese pheasant. 

20. "Angling " means taking fish by hook and line 
in hand or rod in hand; or if from a boat not ex- 
ceeding two lines with or without rod to one person. 

21. " Hooking " is defined to mean taking or at- 
tempting to take fish not attracted by bait or arti- 
ficial lure, by snatching with hooks, whether baited 
or unbaited, gangs or similar devices. 

22. " Plumage " includes any part of the feathers, 
bead, wings or tail of any bird, and wherever the 
word occurs in this article reference is had to 
plumage of birds coming from without the state 
as well as to that obtained within the state, but 



108 Uonservatton Law. 



it shall not be construed to apply to the feathers of 
birds of paradise, ostriches, domestic fowl or domes- 
tic pigeons. 

23. Wliere lands are referred to as " enclosed " or 
" wholly enclosed " the boundary may be indicated 
by wire, ditch, hedge, fence, road, highway, water 
or by any visible or distinctive manner which indi- 
cates a separation from the surrounding contiguous 
territory, except as otherwise provided. 

24. " Inhabited " means a permanent occupancy 
by a species as contrasted with a temporary presence 
of an occasional individual. 

25. " Xets " includes seines, gill nets, pound nets, 
trap nets, scap nets, fyke nets, dip nets, scopp nets 
and stake nets. 

26. " Taking " includes pursuing, shooting, hunt- 
ing, killing, capturing, trapping, snaring and netting 
fish and game, and all lesser acts sucli as disturb- 
ing, harrying or worrying, or placing, setting, draw- 
ing or using any net or other device commonly used 
to take fish and game, whether they result in taking 
or not; and includes every attempt to take and 
every act of assistance to any other person in taking 
or attempting to take fish or game. A person who 
counsels, aids or assists in a violation of any of the 
provisions of tliis article, or knowingly shares in 
any of the proceeds of said violation by receiving 
or possessing either fish, birds or game shall be 
deemed to have incurred the penalties provided in 
this article against the person guilty of such viola- 



1 



Conservation Law. 109 

tion. Whenever taking is allowed by law, reference 
is had to taking by lawful means and in lawful 
manner. 

§ 381. Application of article. Whenever in this 
article the possession, purchase or sale of fish or 
game or the flesh of any animal, bird or fish is 
prohibited, reference is had equally to such fish, 
game or flesh coming from without the state as to 
that taken within the state. 

§ 382. Construction. This article is intended to 
be a restatement of existing law with such changes 
as clearly appear. The term of office of all the 
present employees of this commission in the de- 
partment of fish and game shall not be affected, 
except as herein specifically provided. Nothing in 
this article shall be construed as amending or re- 
pealing any provisions of the criminal or penal law. 

§ 383. Repeal. Of the laws enumerated in the 
schedule hereto annexed, that portion specified in 
the last column is hereby repealed. 

§ 384. Time of taking effect. This article shall 
take effect immediatelv. 



110 Conservation Law. 

SCHEDULE OF LAWS REPEALED. 



Laws of 


Chapter 




Sections 


1909 


24 




1-8 inclusive, 11-18 in- 
clusive, 28-33 inclu- 
sive, 76-112 inclusive, 
114-135 inclusive, 141- 
166 inclusive, 165a, 
174a, 167-186 inclu- 
sive, 189-194 inclusive. 
205, 206, 209, 225, 240- 
244 inclusive. 


1909 


. 474 All 


[ that part of section one add- 






ing 


or amending the following 






sections: 2, 4, 11, 13, 14, 76, 






77, 


78, 82, 84, 88, 91, 92, 98, 






106 


, 109, 117, 124, 126, 134, 






146^ 


, 150, 152, 153, 240. 


1909 


. 533 




All. 


1909 


. 240 




28, 29, 30. 


1910 


. 256 




1, 2. 


1910 


. 655 




All. 


1910 


. 656 




All. 


1910 


. 657 




1, 2, 4. 


1910 


. 663 




All. 


1910 


. 664.... 




All. 


1910 


. 675 




All. 


1911 


. 170.... 




All. 


1911 


. 171.... 




All. 


1911 


. 188.... 




All. 



Conservation Law. Hi 

Laws of Chapter Sections 

1911 238 All. 

1911 299 All. 

1911 312 All. 

1911 377 All. 

1911 378 All. 

1911 423 All. 

1911 438 All. 

1911 508 All. 

1911 530 All. 

1911 580 All. 

1911 582 All. 

1911 583 All. 

1911 589 All. 

1911 590 All. 

1911 591 All. 

1911 592 All. 

1911 627 All. 

1911 635 All. 

1911 636....... All. 

1911 647 150-178 inclusive. 

1911 854 All. 



INDEX TO CONSERVATION LAW 

RELATIVE TO FISH AND GAME. 

A. Sec. Page. 

Acts, repealed by this chapter 383 110, 111 

Additional protection to fish and game. . . . 152 6 

petition for such protection 152 6 

notice of hearings thereon 152 7 

power of Commission to grant addi- 
tional protection 152 7 

notice of prohibition or regulation .... 152 7 
penalties for violation of rule of Com- 
mission 152 8 

Alien, how liable for violating certain pro- 
visions 187 32 

fee to be paid by, for hunting license. 185 26 
Angling, fish protected by law, to be taken 
only by, unless otherwise specifically 

permitted 177 20 

defined 380 107 

Anatidae, what included in 210 40 

Antelope, no open season for 194 35 

open season for, in private parks 194 35, 36 

Antwerp pigeons, when not to be taken or 

interfered with 218 43, 44 

Application of Part III (nets and netting) . 280 62 

of law 381 109 

Assessment of shellfish property 307 74 

Assistant Chief Protectors, to continue as 

division chiefs 165 14 

B. 

Bass. (See Black Bass.) 

not to be sold or offered for sale 176 20 

prohibited, disturbing on spawning beds 243 51, 52 

[113] 



114 Index. 

Sec. Page. 

Beaver, no open season for 197 37 

Commission may acquire for restocking 157 11 
iJirds, bodies of certain, may be imported 

and sold, how and when 373 102, 103 

certain wild birds protected 219 44 

close season on, established in towns, 

how 153 8, 9 

plumage, skin or bodies of certain, not 
to be sold or possessed for 

sale ISO, 219 24, 44 

exceptions (subd. 22)... 380 107,108 

transportation of, law as to. . . . . .\i. .;. 178 21-24 

Black bass, open season for *....» 231 47 

size limit 231 47 

when may be possessed 231 47 

time and manner of taking, restricted. 176 20 

manner of taking 177 20, 21 

number to be taken 

in one day, by a person 231 47 

to a boat 231 47 

transportation of, lav/ as to 178 21-24 

State, within the 178 22 

out of the 178 22, 23 

into the 178 23 

prohibited, disturbing on spawning beds 243 51,52 

sale of. prohibited 17G, 381 20, 109 

defined (subd. 15) 380 107 

Black squirrels (see Squirrels) 195 36 

Blue point oysters, prohibitions regarding. . 315 83 
Bodies of certain birds not to be sold or 

possessed for sale . . ; 180, 219 24-44 

Bond, of chief game protector 167 15 

of game protectors 167 15 

for possession of fish 375 104 

for netting fish (see Rules) 

for propagation of skunks (see Rules) 



I 



im^k 115 

Bond, of chief — Continued : Sec. Page. 

marine fisheries, supervisor 302 68, 69 

deputy supervisor 302 6S, 69 

cashier 302 68, 69 

Box turtles, taking, killing and selling of, 

prohibited 202 38 

Brant, open season for 211 40 

on Long Island 212 41 

when may be possessed 211 40 

on Long Island •. . . 212 41 

time and manner of taking restricted. . 176 20 

not to be taken with net, trap or snare. 221 45 

manner of taking 177, 211 20,41 

on Long Island 212 41 

number to be taken 211 40, 41 

in one day, by a person 211 40, 41 

to a boat, blind or battery. . . 211 40, 41 

transportation of, law as to 178 22 

State, within the 178 22 

out of the 178 22, 23 

Into the 178 23 

transported, number to be (subd. 2) . . 178 22 

sale of, prohibited 176 20 

defined 210 40 

Breeding and sale of elk, doer, pheasants 

and ducks 372 98 

license for 372 98 

revocable at pleasure of CDmmis- 

sion 372 102 

termination of 372 98 

not to be sold except under 372 100, 101 

conditions of, Commission to pre- 
scribe 372 98 

manner of killing and when 372 98, 99 

to be tagged, how and when 372 99, 100 

tags to remain affixed till carcass is 

consumed 372 99, 100 



116 I^iieco. 

Breeding and sale — Continued : Sec. Page. 

transported, when 372 100 

may be sold and possessed, when 372 100,101 

^ . report of killing, etc., to be made 372 101, 102 

preserves to be fenced 372 102 

Bullheads, if taken in certain manner, per- 
mit must be obtained. 254, 255 55, 56 

taking by tip-ups 253 5'0 

with set and trap lines 254 55 

with spears 255 56 

with nets 270, 271 58 

not included among protected fish 

(subd. 6) 380 106 

C. 

Caribou, no open season for 194 35 

open season for in private parks. . 194 35 
Carp, if taken in certain manner, permit 

must be obtained 254, 255 55, 56 

taking by tip-ups 253 55 

with set and trap lines 254 55 

with spears 255 56 

with nets 270, 271 58, 59 

not to be placed in certain waters. . . . 250 54 
not included among protected fish 

(subd. 6) . 380 106 

Catfish, if taken in certain manner, permit 

must be obtained 254, 255 55, 56 

taking by tip-ups 253 55 

with set and trap lines 254 55 

with spears 255 56 

with nets 270, 271 58, 59 

not included among protected fish 

(subd. 6) 380 106 

Certificates, to collect specimens for propa- 
gation, scientific and exhibition purposes. 159 11, 12 



Iti^ex. "117 

Sec. Page. 
Chaumont bay and adjacent waters, law as 

to nets In 278 61 

Chief Game Protector, appointment of . . . . 165 14 

bond of 165 14 

compensation of 168 15 

of division chief protectors 168 15,16 

duties of 165 14 

to make reports 170 17, 18 

Clams dredging and raking for restricted. . 317 83 

prohibited use of dredges for taking. . . 314 82, 83 

prDtected 316 83 

residents only to take 319 84 

sale of, prohibited unless inspected. . . . 313 81, 82 

Close season in towns, how established.... 153 8,9 

defined 380 106 

Collection of specimens for certain purposes. 159 11, 12 

Collection of tax on shellfish property 309 77, 78 

Coramissian, general powers of 150 5, 6 

defined 380 105 

may grant additional protection of fish 

or game 152 7 

to hold hearings on application 

therefor 152 7 

may dispose o£ game or fish seized. . . . 154 9, 10 

may take fish for propagation purposes 155 10 
may remove or cause to be removed 

deleterious fish 155 10 

may purchase fish eggs 156 10, 11 

may acquire beaver, deer, moose and 

elk for restocking 157 11 

may take deer to restock parks 157 11 

may take birds and quadrupeds which 

have become destructive of property. 158 11 
may issue certificates to collect speci- 
mens for certain purposes 159 11, 12 



118 Index, 

Commission — Continued : Sec. Page. 

to make eompilation of fisli and game 

laws and distribute same 160 12 13 

may make rules and regulations for 
taking of fish otherwise than by 

angling 150 5 

to appoint game protectors 165 14 

to appoint chief game protectoro 165 14 

to appoint divlsiDn chief game pro- 
tectors 165 14 

to appoint fisheries protectors 165 14 

to appoint protectors for the St. Law- 
rence river 165 14 

to appoint special game protectors. . , . 171 IS 

may establish game and bird refuge. . . 153 8, 9 

to appoint fish culturist 151 6 

to prepare and furnish blanks for hunt- 
ing and trapping license 185 25 

may direct fishways, to be placed in 

dams 291 65 

may construct fishways 292 65 

may establish close season in towns.. 153 8,9 

may make rules for taking sturgeon by 

set and trap lines 254 55 

to appoint supervisor of marine fish- 
eries 302 68 

to appoint deputy supervisor of marine 

fisheries 302 68 

to appoint cashier and bookkeeper for 

bureau of marine fisheries 302 68 

to appoint surveyor 302 68 

to appoint confidential secretary 302 68 

to appoint one or more bacteriologists. 302 68 

to appoint clerical force for bureau of 

fisheries 302 68 

Common carrier, not to transport game or 

fish as owner 178 22 



IndeoB. 119 

Common carrier — Continued : Sec. Page. 
not to receive or possess game or fish 

in unmarlced packages 178 22 

may transport tagged game unaccom- 
panied by owner 178 22 

Compilation and syllabus of fish and game 

law 160 

Constables, powers of 172 

Construction of law 382 

Coots, American, open season for 213 

when may be possessed 213 

time and manner of taking restricted. 176 
number to be taken 

in one day, by a person. . . .' 213 

to a boat, blind or battery. . . 213 

transportation of, law as to 178 

State, within the 178 

out of the 178 

into the . 178 

sale of, prohibited 176 

defined 210 

Curlew, open season for 216 

on Long Island 217 

when may be possessed 216 

on Long Island 217 

time and manner of taking restricted. . 176 

manner of taking 177 

number to be taken 

in one day, by a person 216 

to a blind, boat or battery. . . 216 
transportation of, law as to 

State, into the 178 

out of the 178 

within the 178 

sale of, prohibited 176, 180 

defined 210 



12, 


13 




18 




109 




41 




41 




20 




42 




42 




22 




22 


22, 


23 




23 




20 




40 




43 




43 




43 




43 




20 


20 


,21 




43 




43 




23 


22 


,23 




22 


20, 


,24 




40 



120 Indeco. 

D. Sec. Page. 

Dams, to be equipped with fish ways 291 65 

notice of construction, to be given 

Commission 290 64 

Deer, open season 190 33 

certain places 192 34, 35 

kind of, which may be taken 190, 192 33.34 

when may be possessed 190, 192 33.34 

time and manner of taking restricted. 176 20 

manner of taking 177, 190 20, 33 

number which may be taken 190 33 

to be taken only on land 190 33 

not to be taken with devices 190 33 

not to be hunted with dogs 190 33, 34 

transportation of, law as to 178 22 

State, within the 178 22 

out of the 178 22. 23 

into the 17S 23 

transported, number which may be by 

non-resident (subd. 14) 185 30 

when to be accompanied by owner. 190 33 

sale of prohibited 176 20 

possession at certain times evidence of 

unlawful taking 191 34 

may be taken by Commission to restock 

parks 157 11 

breeding and sale of 372 98 

license for 372 98 

manner of killing 372 98, 99 

tagging of 372 99, 100 

reports to be made by game protectors. 372 101, 102 

report of licensee 372 101, 102 

revocation of license 372 102 

when may be transported 372 100 

penalties 376 104, 105 



Indeoo. 121 

Sec. Page„ 
Deer parks, wholly inclosed, open season for 

deer in 372 98 

to be fenced 372 102 

Definitions of words and phrases 380 105 

Delaware river, law as to nets in 279 61, 62 

Deputy Supervisor of Marine Fisheries.... 302 68,69 

powers of 302 68, 69 

salary of 302 68, 69 

bond and oath of office of 302 68, 69 

Disposal of game and fish seized 154 9, 10 

of undersized fish taken in gill nets... 177 21 

Digest of fish and game law 160 12, 13 

Division chief game protectors, number of. 165 14 

to be designated by Commissiion 165 14 

salary of 168 15, 16 

bond of 167 15 

powers and duties of 169 16, 17 

Dogs, to be killed 193 35 

not to be harbored in camps 193 35 

not to run at large in forests inhab- 
ited by deer 193 35 

not to be possessed in Adirondack 

park 193 35 

game may be hunted with 177 20, 21 

Domestic fowl, plumage of, may be pos- 
sessed and sold 380 108 

Domestic pigeons, plumage of, may be pos- 
sessed and sold 380 108 

Domestic game, defined 380 106 

Dredging, for shellfish 317 83 

not to be used on public lauds 314 82, S3 

Ducks, open season for 211 40 

on Long Island 212 41 

when may be possessed 211 40 

time and manner of taking, restricted. 176 20 

manner of taking 177, 211, 212 20, 41 



122 T9idex. 

Ducks — Continued : Sec. Tage. 

not to be taken with net, trap or snare. 221 45 

number to be taken.. .............. . 211 40 

In one day, by a person 211 40 

■••' to a boat or blind 211 40, 41 

transportation- of, law as to' ITS 22 

State, witiiin the ..... 178 22 

out of the. . . . .•/.\"/.i'i,A"}. .-. 178 22, 23 

into the ... . . . . ...'..•.. 178 23 

transported, number to be (subd. 2).. 178 22 

sale of, prohibited 17G 20 

defined 2l0 40 

Ducks, breeding and sale of 372 98 

license for 372 98 

revocation of 'r. i. . 1 i 372 102 

manner of killing 372 98 

tagging of 372 99, 100 

reports to be made by game protectors. 372 101 

reports of licensee 372 101 

when may be transported 372 100 

penalties 376 104, 105 

Duties of State Commissioner of Health. . . 311 79, SO 

Duties of game protectors 169 16, 17 

E. 

Eels, if taken in certain number, permit 

must be obtained 254, 255 55, 56 

taking by tip-ups '253 55 

with set and trap lines 254 55 

with spears 255 56 

r , with nets 270, 271 58, 59 

not included among protected fish 

(subd. 6) 3S0 106 

Eel weirs and eel pots, law as to use of. . 256 56 

subject to rules of Commission 256 56 

license to use, must be obtained 256 56 

rules not to apply to marine districts. 256 56 



Index, 123 

Eel weirs and eel pots — Continued : Sec. Page. 
not to be used except as specifically 

permitted 176 20 

rules relating to use of 

EfEect of law, time of taking 384 109 

Egyptian quail, importation of 373 102, 103 

Elk, no open season for 194 35 

open season for in private parks 194 35 

may be acquired by Commission...... 157 11 

breeding and sale of 372 98 

license for 372 98 

revocation of 372 102 

manner of killing ; . . . 372 98, 99 

tagging of 372 99 

reports to be made by game protectors. 372 99, 100 

reports of licensee 372 101 

when may be transported 372 100 

penalties 376 104, 105 

Employees of Commission, to be carried by 

owners of vessels 281 62 

Inclosed, defined 380 106 

English Pheasants (see Pheasants). 

breeding and sale of (see Pheasants). 

English snipe (see Snipe). 

Erie, lake, law as to nets in 276 60 

fees for nets in (see Rules), 
open season for lake trout and white- 
fish in 235 49 

European black game, importation of 373 102, 103 

European gray-legged partridge, no open 

season for 214 42 

European red deer, importation of 373 102, 103 

European red-legged partridge, im'portation 

of 373 102, 103 

Exhibition purposes, specimens may be col- 
lected for 159 11, 12 



124 Index. 

Sec. Page. 

Explosives, use of, prohibited 24.') 52 

effect of possession of 245 r>2 

F. 

Fallow deer, importation of 373 102, 103 

Pees, for tags 374 103 

for net licenses (see Rules). 

Ferrets, use of, prohibited 19G 3G 

Fife patrolmen, duties of 1G9 10, 17 

not to comproinise or settle violations. 109 16. 17 

out of court 109 10. 17 

without 6rder of Commission 109 10, 17 

violation of, a misdemeanor 109 10, 17 

Fire superintendent, not to compromise or 

settle violations .109 10. 17 

out of court 169 16, 17 

without order of Commission 169 10, 17 

violation of, a misdemeanor 109 16, 17 

Fish, definition of, protected by law 380 106 

manner of taking 177 20 

taking, possession, transportation and 

sale of, restricted. 176 20 

regulations for taking with nets.. 370. 371 96,97 

not to he sold unless permitted by law 176 20 

possession of, defined 3S1 109 

bond for poss'cssion of 375 104 

transportation of 17S 22 

State, within the 178 22 

out of the 178 22, 23 

into the 178 23 

exceptions 179 24 

wlien transported, how to be marked.. 178 22 

prohibited, disturl)ing of 243 51, 52 

drawing off water to take 249 54 

use of explosives to take. » . « . . » . • 245 o2 



Index. 125 

Fish — Continued : Sec. Page. 
vany be taken by Commission with nets. 155 10 
certain fish may be removed by Com- 
mission 155 10 

seized, disposal of 154 9, 10 

eggs, (purchase of by Commission 156 10,11 

disposal of, unintentionally taken.... 177 21 
undersized received in transporta- 
tion or taken in gill nets.. 177 21 

construction of 177 21 

unlawful use of food 324 87 

Fish culturist, appointment and salary of. . 151 6 

Fish eggs, Commission may purchase 156 10,11 

Fisheries protectors, appDintment of 165 14 

duties of 169 16, 17 

salary of 168 15, 16 

not to compromise or settle violations. 169 16, 17 

out of court 169 16, 17 

without order of Commission 169 16, 17 

violations of, a misdemeanor 169 16, 17 

Fishing through ice in waters inhabited by 

trout, prohibited 252 55 

Fishways, fishing in, prohibited 251 54,55 

in dams, or order of Commission. . 291 65 

Food fish, unlawful use of 324 87 

Forgery, to alter hunting license (subd. 9). 185 29 

Frogs, open season for 257 56 

G. 

Gallinae, what included in 210 40 

Gallinule, open season for 213 41 

when may be possessed 213 41 

time and manner of taking, restricted. 176 20 

manner of taking 177 20 

not to be taken with trap, net or snare. 211 45 



126 Index. 

Gallinule — Continued : Sec. Page. 

number to be taken 213 42 

in one day, by a person 213 42 

to a boat or blind battery. . . . 213 42 

transportation of, law as to 178 22 

State, within the 178 22 

out of the 178 22, 23 

into the 178 23 

transported, number to be (subd. 2) . . 178 22 

sale of, prohibited 17G, ISO 20, 24 

defined 210 40 

Game, definition of 380 106 

wild game 380 106 

domestic game 380 106 

imported game 380 106 

prohibited, hunting without a license.. 185 25, 26 

manner of taking 177 20 

not to be taken, transported or sold 

except as specifically permitted 176 20 

transportation of 178 22 

general 178 22 

State, within the 178 22 

out of the 178 22, 23 

into the 178 23 

subject to rules and regulations of 

Commission 178 22 

must be tagged and marked 178 22 

sale of, prohibited 176 20 

dead bodies of certain species.... 180 24 

possession of, defined 381 109 

seized, disposal of 154 9, 10 

Game, additional protection may be given 

by Commission 152 6 

petition for additional protection to. . . 1152 6 

notice of hearing thereon 152 7 

power to grant additional protection to. 152 7 



Index. 127 

Game — Continued : Sec. Page. 

notice of order giving additional pro- _^ ^ 

tection 152 , 7^8,, 

copies to be filed 152 7, 8 

copies, distribution of 152 7, S 

notice thereof to be advertised. . . 152 7, 8 

taking effect 152 7, 8 

Game, breeding and sale of 372 98 

license for 372 98 

manner of killing. . 372 98, 99 

tagging of 372 99, 100 

transportation of 372 100 

sale of 372 100,101 

reports of 372 101 

preserves, used for, to be fenced 372 102 

revocation of licenses for 372 102 

penalties for violating provisions 37G 104,105 

Game protectors, appointment of . 1G5 14 

bond of 167 15 

compensation of 168 15, 16 

power and duties of .....'. . . 169 16, 17 

rating of .; 166 14, lo 

to make reports 170 17, 18 

to kill dogs in certain cases 193 35 

may destroy nets unlawfully used 282 63 

not to compromise or settle any viola- 
tions 169 16, 17 

out of court 169 16, 17 

without order of Commission.... 169 16,17 

violation of, a misdemeanor 169 16, 17 

to report killing of elk, deer, pheasants 

and ducks 372 101 

Game and bird refuge, how formed. .. .152, 153 7,8,9 
Garbage, not to be thrown in certain 

waters 247, 326 SH, 88 



^U^ Index. 

Sec. Pagr 

Geese, open season for 211 40 

on Long Island 212 41 

when may be possessed 211 40 

time and manner of taking, restricted. 176 20 
not to be taken with net, trap and 

snare 221 45 

■number to be taken 211 40 

in one day, by a person 211 40 

to a boat or blind 211 40 

transportation of, law as to. 178 22 

State, within the 178 22 

out of the 178 22, 23 

into the 178 23 

transported, number to be (subd. 2).. 178 22 

sale of, prohibited 170, 180 20-24 

defined 210 40 

Gender, to be disregarded 380 105 

Gray squirrels (see Squirrels). 

Grouse, open seas"on for 214 42 

on Long Island 215 42, 43 

when- may be possessed 214, 215 42, 43 

time and manner of taking, restricted. 176 20 

manner of taking 177 20 

not to be taken with nets, trap or snare 221 45 

number to be taken 214 42 

in one day 214 42 

in an open season 214 42 

transportation of, law as to 178 22 

state, within the 178 22 

out of the 178 22, 23 

into the ; 178 23 

transported, number to be (subd. 2).. 178 22 

sale of, prohibited 170, 180 20, 24 

defined 210 40 



Index. 129 

H. Sec. Page. 

Hares, open season for 19G 36 

when may be possessed 196 36 

time and manner of taking, restricted. 176 20 

manner of taking 177 20 

exceptions 196 30 

number to be taken in one day 196 30, 37 

may be taken to preserve property.... 196 36 

not to be hunted with ferrets 196 36 

■trans'portation, law as to 178 22 

State, within the 178 22 

out of the 178 22, 23 

into the 178 23 

transported, number to be (subd. 2) . . 178 22 

sale of, permitted 196 37 

Harlem river, nets in, prohibited 328 88 

Hatcheries, under control of Commission. . . 150 5, 6 

Highways, shooting on, prohibited 222 45 

Homing pigeons, wlien not to be taken or 

interfered with 218 43, 44 

Hooking, when fish may be taken by 235 49 

permit must be first obtained 235 49 

subject to rules of Commission 150 5, 6 

defined 380 105 

Hounding, prohibited 190 33, 34 

Hudson river south of Verplanck's Point 

included in marine district 300 07 

north of Verplanck's Point included in 

inland waters 280 62 

law as to nets in 279 61, 62 

Hungarian partridge, no open season for. .214 42 

Hunting license (see License) 185 25 

licensee entitled to copy of syllabus of 

fish and game bill 160 12, 13 

licensee entitled to copy rules made by 

Commission 152 7, 8 



w 



Indeoo. 



I. Sec. Page. 

Imported game, defined 380 106 

Inhabited, defined 380 lOG 

Inspection of shellfish grounds 310 78 

.sanitary inspection of 310 78 

certificate of cancellation of 310 79 

service of notice of 310 79 

contents of 312 80 

record of 312 80 

report of 310 79 

revocation of 312 81 

transfer of 312 81 

duties of State Commissioner of Health. 311 79,80 
notice of condition of public shellfish 

grounds 312 81 

sale of shellfish prohibited, unless.... 313 81,82 
Islands, possession of explosives on, evi- 
dence of violation 245 52 

entire, may be made private preserve. 372 98 

J. 

Jack snipe (see Snipe) 21G 43 

Jamaica bay protectors, to continue to be 

fisheries' protectors 105 14 

Jones' inlet and adjacent waters, law to 

nets in 332 90 

Judgments, enforcement of, by game pro- 
tectors 1G5 14 

K. 

Killdeer (see Shore birds) 216 43 

L. 

Lake Cliamplain, regulations as to taking 

fish in 370 96, 97 

Lake Erie, no close season for lake trout 

and whitefish in 235 49 

law as to nets in 276 60 



Index. 131 

Sec. Page, 
Lake Ontario, no close season for lake 

trout and whitefish in 23.j 49 

law as to nets in 270 60 

Lake trout, open season for 234 48 

in Lakes Erie and Ontario 230 49 

time and manner of taking, restricted. 170 20 

size limit 234 48 

may be sold during open season 234 49 

size of catch 234 48 

not to be disturbed wbile spawning. . . 234 48 

may be imported, when 370 96, 97 

record to be kept 370 96, 97 

transportation of, law as to 17ri 22 

disposition of undersized taken in. 177 21 
disposition of undersized taken in gill 

nets . 177 21 

waters may be restocked with 2.jO 54 

not to be taken for stocking private 

waters 242 51 

may be taken for propagation purposes, 

when 242 51 

defined 3^0 105 

Land turtles, taking, killing and selling 

prohibited 202 38 

Leases, for cultivation of shellfish 304 70 

letting to bo at public auction 304 70, 71 

releasing 304 71 

reports 304 71 

marking grounds 304 71 

not transferable 304 72 

summary proceedings 304 72 

limitations 804 72 

collection of rents 305 72, 73 

settlement of disputes as to 300 73, 74 

to be recorded 333 90, 91 

fees therefor 333 90, 91 



l-agr Index. 

!Skc. Page. 

Levy of tax on shellfish property 308 75 

notice of grievance 308 75, 76 

payment of tax 308 76 

tax in lieu of other taxes 308 76 

limitations 305 77 

collection of tax 301) 77, 78 

Ldcense for taking minnows for bait 230 47 

fees for 230 47 

no. license required to take iiiiii- 
nows for person's own use and 

and not for sale 230 47 

minnows not to be taken in certain 

places 230 47 

not to be taken in waters inhab- 
ited by trout 230 47 

to take sturgeon by set and trap lines. 254 55 

for taking fish with nets 270 58 

rules and regulations of Commis- 
sion to govern 230 47 

to possess deer or venison 191 34 

to transport game or fish into the 

State 178 23 

out of the State 178 22, 23 

for vessels engaged in fishing 324 86 

penalty for violation, a misde- 
meanor 324 86 

for non-residents 324 86, 87 

penalty for violation, a misde- 
meanor 324 86, 87 

for breeding certain game 372 98 

to propagate skunks 200 37 

for hunting and trapping 185 25 

hunting and trapping without, prohib- 
ited 185 25 

application therefor 185 26 

false statement in, perjury 185 26 



Index. 133 

License — Continued : Sec. Page. 

where procured 185 25 

fees for 185 26, 27 

when and where remitted. ... 185 26, 27 

county clerk entitled to per centum 

of 185 31 

contents and power under 185 27 

to be signed by Commission 185 27 

to be signed by licensee 18<5 27 

what acts permitted under 185 27 

to be carried by licensee and exhibited 1S5 28 

termination of 185 28 

exception, not required of owners on 

own land 185 28 

of a minor under age of sixteen. . 185 28 

alteration of, a forgery 185 29 

prosecution of violation as to 185 29 

proceeds of actions. 18o 29, 30 

costs 185 30 

form of 185 30 

only one deer to be transported by 

non-resident under 185 30 

duties of city and town clerks as to 

returns for 185 30, 31 

duties of county clerks as to returns 

for 185 30, 31 

county clerks to be reimbursed for ex- 
penses 185 31 

non-resident trapping 186 31 

manner of procuring 186 31 

fees for 186 31 

provisions of section 185 appli- 
cable to 186 31 

penalty for violation of 187 32 

Licensee, to report killing 372 101, 102 

Licensee of hatchery to make report 372 101, 102 



134 ':Sndex, 

Sec. Page. 

liiconses, rules and regulations for nets. . . 270 58 
rules filed to continue in force until 

amended 270 58 

Commission may make rules 150 5, 6 

Limicolae, what included in 210 40 

Lobsters, required length of. 321 84 

traps, size of opening in. . . 322 84, 85 

residents only to take 323 85, 86 

Long Island Sound, garbage not to be 

thrown in 32G 88 

application of Part VIII to 280 62 

M. 

Mammals, carcasses of certain may be im- 
ported and sold 373 102, 103 

,-,:; how and when 373 102, 103 

Marine District, described 300 67 

Marine fisheries, bureau of 301 67, 68 

Muskalonge, open season for 239 50 

when may be possessed 239 50 

time and manner of taking, restricted. 176 20 

not to be taken through the ice.. 239 50 

- ' manner of taking 177 21 

may be taken in any number 239 50 

-■* transportation of, law as to 178 22 

State, within the 178 22 

out of the 178 22,23 

'„"^' into the 178 23 

may be bought and sold • • • • • 239 50 

Meadow hens (see Mud Hens). 
Minor under 16, trapping license not re- 
quired by , 185 25 

Mink, open season for 198 37 

; ■ when may be possessed 198 37 



II 



Index. 3i35 

f Sec. Page. 

Minnows, law as to taking for bait 230 47 

license for taldng for bait for sale. . . . 230 47 
when may be taken for bait without 

license 230 47 

rules of commission regulating taking : 
of license fee (see Rules). 

length of net limited 

taking in certain places iprohibited. .. . 230 47 

Misdemeanor, punishment of 152, 155, 182 6 

compromise or settlement of violation 

of a law, constitutes a. .. .152, 153, 182 5,9,24 
Missisquoi Bay, transportation of fish 

caught in prohibited 370 96, 97 

Mongolian ring necked pheasants (see 
Pheasants). 

Moose, no open season for 194 35 

open season for in private parks 194 35 

Mud hen, open season for 213 41 

when may be possessed 213 41 

time and manner of taking, restricted. 176 20 

manner of taking 177 21 

number to be taken 213 41 

in one day, by a person 213 42 

to a' boat or blind 213 42 

transportation of, law as to , . 178 . 22 

State, within the ,. 178. 22 

out of the ., ^, . ,.^, . . ,',178 22, 23 

into the J"! .\, , 178 23 

sale of, prohibited 176 20 

defined 210 .40 

Municipality, shooting on land condemned 

by, prohibited 222 "" ^" ti 

Muskrat, open season for. 201 38 

when may be possessed 201 '38 

houses of, not to be injured or de- '<■>:}'.■ ,'iin-i ■ 

stroyed 201 38 



136 Index. 

N. Sec. Page. 

Nassau county, supervisors of, may pass 

fish and shell fish regulations 334 91 

Np&ts, of wild birds, not to be destroyed 

or robbed 220 44 

Net licenses, rules and regulations for. . . . 270 58 

Nets, defined not to be used for taking birds 221 45 

to be licensed 270 58 

subject to rules and regulations 270 58 

when may be used 271 59 

rules as to meshes of 272 59 

to be destroyed, when 282 63 

what fish may be taken with 271 69 

expenses of seizure, county charge.... 283 63 

in Lakes Erie and Ontario 276 60 

in Chaumont bay and adjacent waters. 278 61 
in Hudson and Delaware rivers and 

"'■ adjacent waters 279 61, 62 

' • in Niagara river ; 277 60, 61 

for taking minnows for bait 230 47 

length of (see Rules). 

prohibited, use of in inlets 327 88 

prohibited in Harlem river and adja- 
cent waters 328 88 

In Richmond county and Raritan bay. 329 89 
in Jamaica bay and adjacent waters.. 330 89,90 
in Rockaway bay, Jones' inlet and ad- 
jacent waters 332 90 

size of mesh of, in Coney Island creek. 331 90 
fish may be taken by Commission with. 155 10 
not to be hauled after sunset and be- 
fore S'Unrise 273 59 

; . iprohibited, use of, in waters inhabited 

by trout ' 275 60 

to be tagged and buoyed 274 60 

I>Iiagara river, law as to taking fish in ... . 277 60, 61 



Indew. 137 

Sec, Page. 

Non-resident, hunting license fot. 185 30 

how liable for violation of certain pro- 
visions 1S5 30 

trapping license ISG 31 

Notices, for establishment of private parks. 361 93, 94 

copies furnished 363 95 

of prohibitions or regulations of Com- 
mission 152 7, 8 

of construction of dam in fishways. . . 290 64 

to commission of undersized fish taken. 177 21 

Number to be disregarded 380 105 

O. 

Oatli of supervisor, deputy supervisor and 

cashier of marine fisheries .302 68, 69 

Obstructions of streams, prohibited 240 52, 53 

Ontario lake, law as to nets in 276 60 

fees for nets in (see Rules). 

open season for lake trout and white 

fish in 235 49 

Open season, defined 380 104, 105 

Order of Commission, posting and publica- 
tion of 152 7, 8 

Owner of land, may take rabbits at any 

time 196 36 

consent of, to hunt or fish, a defense. . 366 95 
Oysters, sale of, prohibited, unless sani- 
tary condition be certified 313 81,82 

taking in South bay 314 82, 83 

blue point 315 S3 

dredging and raking for 317 83 

residents only to take 319 84 

not to be taken from sunset until 

sunrise 316 83 



138 Index. 

Sec. Page. 

Oyster beds, lease* for 304 70 

collection of rents 305 72, 73 

settlement of disputes as to 306 73 

provisions for taxation 307 74, 7o 

levy and payment of tax 308 75 

collection of tax 309 77, 78 

must be marked 304 71 

reports relating to 303 69, 70 

sanitary inspection of 310 78 

duties of State Commissioner of Health 311 79, SO 

record and certificate of inspection of. 312 80 

protected 316 83 

P. 

Parks, private, laying out 3G0 92, 93 

notices in 301 93, 94 

commission will supply 363 95 

protection of private lands not 362 94 

signs not to be defaced 30-1 95 

fish and game protected in 365 95 

wholly enclosed deer, open season in.. 372 98,99 
moose, elk, caril)OU or antelope, killed 

in, may be possessed at certain times 194 35 

penalties 3G0 95 

Patrolmen, fire, to enforce laws 169 16, 17 

not to compromise or settle violations. 169 16,17 

out of court 169 16, 17 

without order of commission 169 16 ,17 

violation of, a misdemeanor 169 16, 17 

Partridge (see Grouse), no open season for 

Hungarian or European gray leg:;cd. . . 214 42 
Penalties, for violation of rule or order of 

Commission 161 13 

for violation of rule establishing game 

refuge. 153 9 

for comipromising action by protector. 169 16, 17 



Index. 139 

Penalties — Continued : Sec. Page. 
for violation of Part III (general pro- 
vision) 1S2 24, 25 

for making false statement on applica- 
tion for hunting license (subd. 2).. 185 26 
for altering ^bunting license (subd. 9). 185 29 
for violation of Part IV (bunting and 

trapping licenses) 187 32 

for violation of Part V (quadrupeds) . 203 38, 39 

for violation of Part VI (birds) 223 45 

for violation of Part VII (fish) 258 50, 57 

for violation of Part VIII (nets and 

netting) . . . . 284 64 

for violation of Part IX (fishways) . . 293 65 
for violation of Part X (marine fish- 
eries) 335 49 

for non-payment of tax 309 76 

for selling unsanitary shellfish 313 81,82 

for resident boat fishing without 

license 324 86 

for non-resident boat fishing without 

license 324 86, 87 

for violation of Part XI (private 

parks) 366 95 

for violation of Part XII (breeding im- 
portation and sale of fish and game) 376 104'. 105 
Preserve, for breeding deer, elk, pheasants, 

duck&, etc 372 98 

Perch, if taken in certain manner permit 

must be obtained 254, 255 55, 56 

taking by tip-ups 253 55 

with set and trap lines 254 55 

with nets 270, 271 58, 59 

not included among protected fish 

(subd. 6) 380 106 

Person, defined (subd. 3) 380 105 



110 Index. 

Sec. Pagb. 

Pheasants, open season for 214 42 

on Long Island 215 42, 43 

when may be possessed 214, 215 42,43 

!. time and manner of taking, restricted. 176 20 

manner of taking 177 20, 21 

not to be taken with net, trap or 

snare. 221 45 

number to be taken 214 42 

on Long Island 215 42, 43 

transportation of, law as to 178 22 

State, within the 178 22 

; out of the 178 22,23 

•f' into the 178 23 

transported, number to be (subd. 2) . . 178 22 

sale of, prohibited 176 20 

defined 210, 380 40, 105 

Pheasant, breeding and sale of 372 98 

license for 372 98 

revocation of 372 102 

manner of killing 372 08, 99 

tagging of 372 99, 100 

reports of killing to be made 372 101,102 

of licensee 372 101, 102 

when may be transported 372 100 

impDrtation of 373 102, 103 

penalties 376 104, 105 

Pickerel, open season for 237 49 

time and manner of taking restricted. 176 20 

manner of taking 177 21 

may be taken with nets 271 59 

how and when 270, 271 59 

transportation of, law as to 178 22 

State, within the 178 22 

out of the 178 22, 23 

into the 178 23 

transported, any number may be..... 178 22 



Index. 141 

Pickerel — Continued : Sec. Page. 
taken without the State, when may be 

possessed and sold 370; 96, 97 

storage of 375 104 

sale of, permitted 237 49 

defined 3S0 105 

Pigeons, when not to be taken or inter- 
fered with 21S 43, 44 

Pike, open season for 237 49 

in Saint Lawrence river, size limit .... 237 49 

number to be taken in one day... 237 49 

time and manner of taking, restricted. 176 20 

manner of taking 177 21 

may be taken with nets 271 59 

how and when 270, 271 (58,59 

transportation of, law as to 178 22 

State, within the 178 22 

out of the 178 22, 23 

into the 178 23 

transported, any number, may be 178 22 

taken without the State, when may be 

possessed and sold 370 96, 97 

storage of ,. 375 104 

sale of, permitted 237 49 

defined. 380 105 

Pike perch, open season for 236 49 

when may be possessed 236 49 

size limit of 23G 49 

time and maimer of taking, restricted. 176 20 

manner of taking 177 21 

may be taken with nets 271 59 

how and when 270, 271 58, 59 

transportation of, law as to 178- 22 

State, within the 178 22 

out of the 178 22, 23 

into the 178 23 

transported, any number may be 178 22 



142 Index. 

Pike perch — Continued: .S®c,'^ . Pagb. 
taken without the State, when may be 

possessed and sold 370 9i5, 97 

storage of , .,; 375 104 

sale of, permitted 23G 49 

defined .^. .. . . 380 107 

Plover, open season for. .■;*!:^. .''V\ . i''! . ?VV. .V 216 43 

' " on Lohg Island ; . . . . '.'i^iV.-. 217 43 

when may be possessed. ......" 21G 48 

on Long Island 217 43 

time and manner of taking restricted. 170 20 

manner of taking 177 20, 21 

number to be taken 21G 43 

in one day, by a person 216 43 

to a boat or blind 21G 43 

transportation of, law as to 178 22 

State, within the. 178 22 

out of the • 178 22, 23 

into the 17'" 23 

sale of, prohibited 176,, 180 20, 24 

defined. 210 40 

Plumage, bf certain birds, not to be pos- 
sessed for sale. 219 44 

. not to be sold. 219 44 

what included as (subd. 22) 219, 380 44, 107 

applies to birds coming from wit'.iout 

the State 219 44 

Pollution, law a.s to.'. ......'.'. 247 53 

of shell fish waters. 325 87, 88 

Possession, defined . 3S0 105 

of fish, bond for 375 104 

Possession of quadrupeds, birds or fish, 

when lawful 176 20 

Posting of notices, to establisih private 

park 361 93, 94 

copy of order of Commission 152 6 



Index. 143 

Sec. Page. 
Powers of game protectors, fire patrolmen, 

and fisheries' protectors 169 16, 17 

Private hatcheries 371 97, 98 

trout raised in, sale of 371 97, 98 

must be tagged 371 97, 98 

rules regulating (see Rules). 

fees for tags 374 103, 104 

Private lands, protection of 362 94 

fish and game proitected on.... 365 95 

Private parks, laying out. 360 92, 93 

notices in 361 93. 94 

furnished by Commission 363 95 

signs not to be defaced in. ,.....'... . 364 95 

fish and game protection in. .V'.'! .'.". . . 3G5 95 

penalties relating to 366 95 

Proceeds of actions, where payable 185 29, 30 

Protectors. 

appointment of 16o 14 

chief 165 14 

division chief 165 14 

fisheries' protectors 165 14 

rating of 166 14, 15 

to give bonds. 167 15 

compensation of 168 15, 16 

powers of 169 16, 17 

records and reports, of. . ,- . , - .^ .. ..• •;• • ■ 170 17, 18 

special game ...,-,,,.».. 171 18 

to kill dogs in certain cases ^ 193 35 

to destroy nets unlawfully used 282 63 

Publication of notice, to establish private 

park 360 92, 93 

of order giving additional protection to 

fish and game .,.,,,.^^f,. .... . . . 152 6 

Punishment (see Penalties). 



144 Index. 

Q. 

Quail. Sec. Page. 

open season for 214 42 

on Long Island 215 42, 43 

when may be possessed 214, 215 42, 43 

time and manner of taking, restricted. 176 20 

manner of taking 177 20, 21 

not to be taken with net, trap or snare 221 45 

number to be taken 214 42 

in one day 214 42 

in open season 214 42 

transportation of, law as to 178 22 

State, within the 17S 22 

out of the 178 22, 23 

into the 178 23 

transported, number to be 178 22 

sale of, prohibited 176, 180 20, 24 

defined 210 40 

R. 

Rabbits, cottontail and varying hares, open 

season for 196 36 

when may be possessed 196 36 

time and manner of taking, restricted. 176 20 

not to be hunted with ferrets 196 36 

exception 196 36 

manner of taking 177 20, 21 

exception 196 36 

number to be taken 196 36 

to be transported 178 22 

transportation of, law as to 178 22 

sale of, permitted 196 37 

Raccoon, open season for 198 37 

when may be possessed 198 37 



Index. 145 

Sec. 

Rail, open season for 213 

when may bo posspssod 213 

time and manner of taking, restricted. 176 

manner of taking 177 

not to be taken with net, trap or snare 221 

number to be taken 213 

in one day, by a person • • • • 213 

to a boat or blind 213 

transportation of, law as to 178 

State, within the 178 

out of the 178 

into the 178 

transported, number to be (subd. 2) . . 178 

sale of, prohibited 170, 180 

defined 210 

Rainbow trout (sec Trout). 

open season for, on Long Island 233 

Rallidae, what included in 210 

Raritan bay, law as to taking fish in 329 

Recording and fees 333 

Refuge, game and bird, how farmed 15.3 

penalties for violating rules relating to 152 

Records and reports of game protectors... 170 
of inspection of s'hellfish grounds 312 

Reports, of Chief Game Protector 170 

(protectors 170 

special game protectors 171 

supervisors of marine fisheries 303 

breeders of game 272 

Residents, only to take shellfish 319 

fees to be paid by for hunting license 185 
boat license foes for, (See Rules.) 

vessel licenses for 324 

for non-residents 324 

Ringnecks (see Pheasants). 

Roebuck, importation of .?, l./".'. . . 373 102, 103 



P.\GE. 




41 




41 




20 


20, 


21 




45 




42 




42 




42 




22 




22 


22, 


23 




23 




22 


20, 


24 




40 




48 




40 




89 


90, 


91 


( 


3,9 




8 


17. 


,18 




80 


17, 


,18 


17 


,18 




18 


C9 


,70 




59 




84 


26 


,2.7 




83 


86 


,87 



146 Tnde(0. 

s. Sec. Page. 

Sable, open season for 198 37 

when may be possessed 198 37 

Saint Lawrence river, required length of 

ipike taken from 237 49 

number to be taken in one day from. 237 49 
Sale and breeding of elk, deer, pheasants 

and ducks 372 98 

license required for 372 98 

Sale of certain game and song birds pro- 
hibited 180 24 

of quadrupeds, birds and fish, restricted 176 20 
of quadrupeds, birds and fish, pro- 
hibited, unless especially permitted. . 176 20 

Sand pipers, open season for ... 216 43 

on Long Island 217 43 

when may be possessed 216 43 

on Long Island 217 43 

time and manner of taking, restricted. 176 20 

manner of taking 177 20, 21 

number to be taken 216 43 

in one day, by a person 216 43 

to a blind, boat or battery... 216 43 

transportation of, law as to 17S 22 

State, into the 178 22 

out of the . 178 22, 23 

within the 178 23 

sale of, prohibited 176, 180 20, 24 

defined 210 40 

Sanitary inspection of shellfish grounds... 310 78 
duties of State Commissioner of Health 

in relation to 311 79, 80 

record and certificate of 312 SO 

Scotch grouse, importation of 373 102, 103 

Scientific purposes, specimens may be col- 
lected for 159 11, 12 

Search, without warrant, protectors to... 169 16,17 



Index. 147 

Sec. Page. 

Search warrant, when required by protectors 169 16, 17 
Secretary, confidential, in marine fisheries 

bureau 302 68, 69 

Seizure of nets, county to pay expenses of. 283 63 

Set lines, law as to use of 254 55 

not to be used without permit 254 55 

subject to rules of Commission 150 Q, 6 

length of, restricted. (See Rules.) 
number of hooks to be used, limited. 

(See Rules.) 
kind of bait to be used. (See Rules.) 
not to be used in waters inhabited by 

trout 254 55 

Shellfish, reports relating to 303 69, 70 

leases for cultivation of 304 70 

limitations 304 72 

settlement of disputes as to 306 73 

sanitary inspection of 310 78 

sale of, prohibited, unless sanitary con- 
dition be certified 313 81,82 

dredging and raking for 317 83 

residents only to take 319 84 

defined 380 107 

Shellfish grounds, provisions for taxation 

of 307 74, 75 

statement of property 307 73, 74 

assessment of tax 307 74, 75 

penalties 307 74 

levy and payment of tax against. . . . 308 75 

collection of tax 309 77, 78 

sanitary, inspection of 310 78 

notice of condition of 312 81 

record and certificate of inspection of. 312 80 

Shellfish waters, pollution of, prohibited.. 325 87,88 

Sheriffs, to have same powers as protectors 172 IS 

Signs, not to be defaced 364 95 



146 Index. 

Sec. Page. 
Skin of certain birds not to be possessed 

for sale or sold 219 44 

Skunks, open season for 199 37 

when may be possessed 199 37 

digging out of holes or dens, prohibited 199 37 
which are injuring property or have 

become a nuisance may be killed... 199 37 

Snares, not to be used for taking birds. . . . 221 45 

declared to be a public nuisance 221 45 

to be destroyed 221 45 

Snipe, open season for 21G 43 

on Long Island 217 43 

when may be possessed 216 43 

on Long Island 217 43 

time and manner of taking, restricted. . 176 20 

manner of taking 177 20, 21 

• number to be taken in one day, by a 

person 216 43 

to a blind, boat or battery 216 43 

transportation of, law as to 178 22 

State, into the 178 23 

out of the 178 22,23 

within the 178 22 

sale of, prohibited 176, 180 20, 24 

defined 210 40 

South Bay, taking of oysters in 314 82, 83 

Spearing, when fish may be taken by 235 49 

kind of fish which may be taken 235 49 

permit must be first obtained 235 49 

subject to rules of Commission 150 5, 6 

Special game protectors, appointment of. . 171 18 

powers of 171 18 

reports of 171 18 

compensation of 171 18 



Index. 149 

Special game protectors — Continued : Sec. Page. 
not to compromise or settle any viola- 
tion out of court 169 16, 17 

without order of Commission.... 169 16,17 

violation of, a misdemeanor 169 16, 17 

Squirrels, open season for 195 36 

on Long Island 195 36 

when may be possessed 195 36 

on Long Island 195 36 

time and manner of taking, restricted. 176 20 

manner of taking 177 20, 21 

not to be taken within corporate limits 

of city or village 195 36 

transportation of, law as to 178 22 

State, within the 178 . 22 

out of the 178 22, 23 

into the 178 23 

sale of, prohibited . . . . . . v . .'. 176 20 

Starfish to be destroyed 370 96, 97 

State Commissioner of Health, duties of . . . 311 79, 80 
State fish hatcheries, pollution of waters 

of, prohibited 248 53, 54 

drawing off water supplying, prohibited 249 54 

Statutes, repealed by this article ... 110,111 

Storage of fish 375 104 

bond for 375 104 

Stocking private waters with certain fish, 

prohibited 242 51 

Streams, pollution of, prohibited 247 53 

not to be obstructed 246 52, 53 

Striped bass, open, season for 240 50 

size limit of 240 50 

manner of taking 240 50 

sale of, permitted 240 50 



150 Index. 

Sec. Page. 
Sturgeon, short nosed, open season for.... 238 50 
length of which may be taken. . . . 238 50 
time and manner of taking, re- 
stricted 176 20 

lake, required length of . . 238 50 

sea, required length of 238 50 

sale of, permitted 238 50 

Suckers, if taken in certain m^inner, permit 

must be obtained 254, 255 55, 56 

taking by tip-ups . 253 55 

with set and trap lines 254 55 

with spears 255 56 

with nets .270, 271 59 

not included among protected fish, 

(subd. 6) 380 106 

Suffolk county, supervisors may adopt 

regulations 334 91 

Sunfish, if taken in certain manner ^permit 

must be obtained 254, 255 55, 56 

taking by tip-ups .:.-,-..- . . 253 55 

with set and trap lines..:.,.,.,...,.... 254 55 

with nets 270, 271 58, 59 

not included among protected fish 

(subd. 6) 380 106 

Superintendent, fire, not to comppo^iise , or 

settle violations ., v. ,.,>.,.-.,,.!. .i*. . 169 16,17 

out of court ....,..;".. 169 16, 17 

without order of Commission.... 169 16,17 

violation of, a misdemeanor 169 16, 17 

Supervisor of marine fisheries 302 68, 69 

salary of 302 68, 69 

oath of office of 302 68, 69 

bond of 302 68, 69 

duties of 302 68, 69 

to make reports 303 69, 70 

may lease shellfish grounds 304 70 



Index. 151 

Supervisor of marine fisheries — Cont'd : Sec. Page. 

reports to be made to 304 71 

to collect rents 305 72, 73 

to decide controversies 306 73 

may receive assignment of lease 305 72, 73 

statement of property to be made to . . 307 73, 74 

supervisor may make 307 73, 74 

to keep assessment book 307 74, 75 

taxes to be paid at office of 308 74, 75 

tax roll to be filed in office of 308 75 

grievances to be heard by 308 75, 76 

to determine condition of shellfish 

grounds 312 80 

to keep record thereof 312 80 

to issue certificate of condition... 312 80 

may revoke certificate 312 81 

to give notice of condition of public 

shellfish grounds 312 81 

to furnish certificate of condition of 

shellfish grounds 313 82 

Supervisors of Nassau and Suffolk county 

may pass regulations 334 91 

of any county may make regulations 

as to destruction of illegal devices. . 383 109 

Surf birds, open season for 216 43 

on Long Island 217 43 

when may be possessed 216 43 

on Long Island 217 43 

time and manner of taking, restricted. 176 20 

manner of taking 177 20, 21 

number to be taken 216 43 

in one day, by a person 216 43 

to a blind, boat or battery.. 216 . 43 

transportation of, law as to 178 22 

State, within the 178 22 

out of the 178 22, 23 

into the 178 23 



15iJ Index. 

Surf birds — Continued : Sec. Page. 

sale of, prohibited 176, 180 20, 24 

defined 210 40 

Swan, no open season for 211 40 

sale of, prohibited 176 20 

T. 

Tagging of elk, deer, pheasants and ducks. 372 99, 100 
of mammals and birds imported from 

without the United States 373 99,100 

of trout 371 97, 98 

of game exported 178 22 

of game imported 178 22 

of venison during certain times...... 191 34 

Tags, fees for 374 103, 104 

Taking, defined 380 108 

Tattlers, open season for 216 43 

on Long Island 217 43 

when may be possessed 216 43 

on Long Island 217 43 

time and manner of taking, restricted. 176 20 

manner of taking 177 20, 21 

number to be taken 216 43 

in one day, by a person 216 43 

to a blind, boat or battery.. 216 43 

transportation of, law as to 178 22 

State, into the 178 23 

out of the 178 22, 23 

within the J. 78 22 

sal. of, prohibited 176, 180 20, 24 

defined 210 40 

Tax, levy and payment of, shellfish grounds 308 75 

collection of 309 77, 78 

Thumping, defined and prohibited 244 52 

Tip-ups, what fish may be taken with 253 55 

number to be operated 253 55 

how to be marked 253 ©5 



Index. 15J) 

Sec. PAdiJ. 
Town board, may request close season in 

town 153 8, 9 

Town clerk, to issue hunting license 185 25 

to receive syllabus of game laws. . .■.'. . 160 12, 13 

Transportation, of flsh and game, law as to 178 22 

by comuun carriers 178 22 

fish and game or package to be marked, 

in . . . 178 22 

how marked 178 22 

number of flsh or game which may be 

received in 178 ■ '23 

reception or possession of unmarked '"'• ^' 

package a violation. ...;.!. .Vl .... . 178 22 

out of the State 178 22, 23 

game or fish to be accompanied by 

owner 178 22, 23 

exception . 178 23 

license required 178 23 

game and fish to be tagged 178 23 

into the State, restrictions placed upon 178 23 

exceptions 178 23 

exceptions as to marked packages 179 24 

of fish from the province of Quebec. . . 370 96, 97 

Transported, number of fish or game to be. 178 22 

Traps, not to be used for taking birds. . . . . 221 45 

Trout, open season for 232 48 

on Long Island 233 48 

size limit 232 48 

when may be possessed 232, 233 48 

time and manner of taking, restricted. 176 20 

manner of taking 177 21 

size of catch 232 48 

transportation of. law as to 178 22 

State, within the 178 22 

out of the 178 22. 23 

into the 178 23 

disturbing on spawning beds, prohibited 243 51, 52 



154 Index. 

Trout — Continued : Sec. Page. 

sale of, prohibited 176, 381 20, 109 

not to be taken through the ice 252 oo 

not to be taken for stocking private 

parks 242 51 

may be taken for propagation purposes, 

when 242 51 

may be placed in waters 250 54 

defined 3S0 107 

raised in private hatcheries 371 97, 98 

may be sold 371 97, 98 

license required to sell 371 97, 98 

to be tagged before sale 371 99, 100 

subject to rules of Commission. , 371 100, 101 

fees for tags 374 103, 104 

U. 

Unlawful use of food fish 324 87 

V. 1 

Venison, when may be possessed. . . 191 34 

license required to possess, at certain 

times 191 34 

to be tagged 191 34 

possession of, subject to rules of Com- 
mission 191 34 

rules and regulations relating to trans- 
portation of, law as to 178, 190 22, 33 

State, within the 178 22 

out of the 178 23 

into the 178 23 

sale of, probil)ited 17f> 20 

sale of, killed in private preserve 372 100, 101 

Vessels, to carry employees of Commission. 281 62 

engaged in fishing to be licensed 324 86 

fees for 324 86 

resident, license for 321 86 

non-resident, license for 324 86, 87 



Index. 155 

"W'. Sec. Page. 

Water, drawing off, forbidden 249 54 

Whitefish, open season for 234 48 

Otsego 234 48 

in-Lakes Erie and Ontario 235 49 

time and manner of taking, restricted. 176 20 

size limit of 234 48 

Otsego 234 48 

may be sold during the open season. . 234 49 

may be imported, when 370 96, 97 

transportation of, law as to 178 22 

disposition of undersized, received 

in 177 21 

disposition of undersized, taken in gill 

nets 177 21 

waters may be stocked with 250 54 

Wild birds, with certain exceptions, pro- 
tected 219 44 

nests of, not to be destroyed or robbed 220 44 

Wild deer, defined 380 106 

Wild fowl. (See Ducks, Geese, Brant.) 

Wild game, defined 3S0 106 

Willett snipe. (See Snipe.) 
Wilson snipe. (See Snipe.) 
Winter snipe. (See Snipe.) 

Woodcock, open season for 216 43 

on Long Island 217 43 

when may be possessed. 21G, 217 43 

time and manner of taking, restricted. 176 20 

manner of taking 177 20, 21 

not to be taken without nets, traps or 

snares 221 45 

number to be taken . 216 43 

In one day 216 43 

in an open season 216 43 



15G Index. 

Woodcock — Continued : Sec. Page. 

transportation of, law as to 178 22 

State, within the 178 22 

out of the 178 22,23 

into the 178 23 

transported, number to be (subd. 2).. 178 22 

sale of, prohibited 17G, 180 20, 24 

. .. defined 210 40 

Wood duck, no open season for 211 40 

Wood turtles, taking of, prohibited 202 38 



SYLLABUS 



CONSERVATION LAW IN 
RELATION TO FISH 
AND GAME 

1912 



[157] 



SYLLABUS OF CONSERVATION LAW. 



FISH AND GAME SEASONS. 



Open Seasons for Game and Fish in New 
York State Includes First and Last 
Dates Given. 

Quadrupeds and birds protected by law shall not 
be taken except after sunrise and before sunset with 
a gun fired at arms length. Fish protected by law 
shall not be taken except by angling unless other- 
wise specifically permitted. 

BEAVER. 
(No Open Season.) 

DEER. 
(No Open Season.) 

Exceptions : 

Deer having horns not less than three inches long 
may be taken in wholly enclosed deer parks, and in 
the counties of Clinton, Essex, Franklin, Fulton, 
Hamilton, Herkimer, Jefferson, Lewis, Oneida, Os- 
wego, Saratoga, St. Lawrence, Warren and Washing- 
ton (except in all that portion of Oneida, Lewis and 

[159] 



160 Fish and Game Reasons. 

Jefferson counties lying westerly of the Utica and 
Black River Railroad from Utica to Ogdensburg). 
(October l-November 15.) 

Ulster county and in tlie towns of Neversink, 
Cochecton, Tusten, Highland, Lumberland, Forest- 
burg and Bethel and all that section of the towns 
of Mamakating and Thompson lying south of the 
Newburgh and Cochecton turnpike in Sullivan 
county and the town of Deer Park in Orange county. 
(November 1-Xovember 15.) 

Female deer, fawns, elk, moose, caribou and ante- 
lope shall not be taken at any time, except that elk, 
moose, caribou and antelope killed by the owner ir. 
a private park may be possessed in this State during 
the open season for deer. 

The carcass of one such deer accompanied by the 
actual owner may be transported by a person or 
common carrier from October 1st to midnight of 
November 16tli and may remain in the custody of 
the common carrier the additional time required to 
deliver it to its destination. 

Venison legally taken may be possessed from 
October 1st to November 20th. 

Under a license issued by the Commission, venison 
may be possessed from November 21st to January 1st 
by the owner in his own home for consumption. 

No person shall take more than two such deer in 
an open season or transport from the county where 
killed more than one carcass or part thereof at any 
one time. 



|l 



Fish and Game Seasons, 161 

Deer shall not be hunted with dogs; no jacklight 
or other artificial light, trap, saltlick or other device 
to entrap or entice deer shall he used, made or set, 
nor shall any deer be taken by aid or use thereof. 
No deer shall be taken while in the water. 

No dog shall be taken into any hunting or lumber 
camp within the forest preserve, or into deer forests, 
or kept in the Adirondack Park. 

LAND TURTLES. 

(No Open Season.) 

MARTIN. 
(November 1-Mareh 1.) 

MINK. 
(November 1-March 1.) 

MUSKRAT. 

(November 10- April 1.) 
Muskrat houses must not be injured or destroyed. 

RABBITS. 

VARYING HAKES. 
(November 1- January 31.) 

COTTONTAIL EABBITS. 
(October l-December 31.) 



162 Fish and Game Seasons, 

No person shall take more than six hares or 
rabbits in one day. 

Hares and rabbits not to be hunted with ferrets. 

The owner or occupant of enclosed or occupied 
farms and lands or a person duly authorized in 
writing by such owner or occupant may take on 
such o\niers or occupant's premises at any time in 
any manner hares or rabbits which are injuring their 
property. 

There is no close season for Belgian hares, jack 
rabbits or rabbits bred in captivit3^ 

Varying hares and cottontail rabbits may be 
bought and sold during the open season. 

RACCOON. 

(November 1-March 1.) 

SABLE. 

(November 1-March 1.) 

SKUNK. 

(November 1- January 31.) 

Skunks shall not be dug out of their holes or dens. 
Skunks which are injuring property or have be- 
come a nuisance may be taken at any time. 

SQUIRRELS. 

BLACK OR GRAY. 
(September 16-October 31.) 



Fish and Game Seasons. 163 

Exception: 

(Long Island, November 1-December 31.) 
No person shall take more than five squirrels in 

one day or transport more than that number in 

one day. 

No squirrels shall be taken within the corporate 

limits of any city or village. 



BIRDS. 

DUCK, GOOSE, BRANT. 

(September 16-January 10.) 

Exception: 
(Long Island, October 1-January 10.) 

WOOD DUCK AND SWAN. 
(No Open Season.) 

Ducks, geese and brant shall not be taken except 
from a rowboat, from the land, from a blind or float- 
ing device used to conceal the hunter (other than a 
sail or power boat) when the same shall be within 
50 feet of shore or of a natural growth of flags. 

Exception: 

Ducks, geese and brant may be taken by aid of 
any floating device other than sail or power boats. 



164 Fish and Game Seasons. 

at any distance from shore on Long Island sound, 
Shinnecock, Gardiner and Peconic bays, during the 
open season therefor, and except from October 1st 
to October 19th both inclusive in Great South bay 
west of Smith's Point and east of the Nassau- 
Suffolk county line. 

No person shall take more than twenty-five water 
fowl in the aggregate of all kinds in one day nor 
more than forty by two or more persons occupying 
the same boat, blind or battery. 



GROUSE. 

(October 1-November 30.) 



Exception: 
(Long Island, November 1-December 31.) 
No person shall take more than four grouse in 
one day nor twenty in an open season. 

PARTRIDGE, HUNGARIAN OR EUROPEAN GRAY 
LEGGED. 

(No Open Season.) 

PHEASANTS, HUNGARIAN, DARK-NECKED, 

RING-NECKED, COMMONLY CALLED 

MONGOLIAN- OR CHINESE. 

(Thursdays in October.) 



1 



Fish and Game Seasons. 165 

Exception: 

(Long Island, November 1-December 31.) 

Only the cock or male bird may be taken and no 
person shall take more than three male pheasants 
in the open season except on Long Island where a 
person may take not to exceed six male pheasants 
in one day and not to exceed thirty-six in the open 
season. 

QUAIL. 

(October 1-Xovember 15.) 

Exception: 
(Long Island, November 1-December 31.) 
No person shall take more than six quail in one 
day nor more than thirty-six in an open season. 

SHORE BIRDS: SNIPE, PLOVER, SURF BIRDS, 
SANDPIPERS, TATLERS AND CURLEWS. 

(September 16-November 30.) 

Exception: 

(Long Island, August 1 -November 30.) 

No person shall take more than fifteen shore birds 

in the aggregate of all kinds in one day nor more 

than twenty-five by two or more persons occupying 

the same boat or blind. 

WOODCOCK. 

(October 1 -November 15.) 



166 Fish and Game Seasons. 

Exception: 

(Long Island, October lo-Xovember 30.) 

No person shall take more than four woodcock in 
one day nor twenty in the open season. 



FISH. 

BASS, BLACK AND OSWEGO. 

(June 16-Xovember 30.) 

Minimum length ten inches. Limit per day to Ij 
one person fifteen; to a boat, two or more persons, 
twenty-five. 

Bass, whether taken within or without the State, 
shall not be sold or offered for sale. 

BASS, STRIPED. 

(No Close Season.) 
Minimum length twelve inches. 

FROGS, GREEN, SPRING AND BULL. 

(June 1-March 31.) 

ICEFISH OR SMELT (TAKEN FROM INLAND 
WATERS). 

(No Close Season.) 

Minimum length six inches. 



Fish and Game Seasons. 167 

LAKE TROUT. 

(April 1-September 30.) 

Exception: 
(Lakes Erie and Ontario, no Close Season.) 
Minimum length fifteen inches. 

No person shall take more than ten lake trout 
in one day but whenever two or more persons are 
angling from the same boat they may take not to 
exceed fifteen, except in Lakes Erie and Ontario 
they may be taken in any number. 

MASKALONGE. 

(June 16-December 31.) 

Minimum length twenty-four inches. 

Taking maskalonge through t]ie ice is prohibited. 

PICKEREL AND PIKE. 

(May 1-March 1.) 

In St. Lawrence river minimum length of Great 
Northern Pike, locally known as " Pickerel," twenty 
inches and day limit to a person twelve. 

PIKEPERCH (WALL-EYED PIKE, COMMONLY 
CALLED PIKE AND YELLOW PIKE). 
(May l-March 1.) 
Minimum length twelve inches. 



168 Fish and Game Seasons, 



STURGEON. 

Shortnosed. 
(July 1-April 30.) 
Minimum length twenty inches. 

Lake. 

(Xo Close Season.) 
Minimum length thirty inches. 

Sea. 

(Xo Close Season.) 
^Minimum length four feet. 

TROUT, BROOK, SPECKLED, BROWN, RAINBOW 
AND RED-THROAT. 

(May 1-August 31.) 

Exception: 

Long Island (Except Rainbow), (April 1-August 31.) 
Long Island (Rainbow), (April 16-September 30.) 

Minimum length six inches; day limit ten pounds 
to a person. 

Trout must not be sold or offered for sale, whether 
taken within or without the State. 

WHITEFISH. 
(April 1-September 30.) 



I 



Fish and Game Seasons. 169 

Exception: 

(Lakes Erie and Ontario, no Close Season.) 
Minimum length twelve inches. 



TIP-UP FISHING. 

Tip-ups may be used, except in waters inhabited 
by trout, to take bullheads, catfish, eels, perch, sun- 
fish, and except during the months of March and 
April, pikeperch, pike and pickerel. No person shall 
operate or control at the same time more than fifteen 
tip-ups. All tip-ups must be marked with the name 
and address of the owner thereof. 



SET AND TRAP LINES. 

Set lines may be used except in waters inhabited 
by trout to take whitefish, bullheads, catfish, eels, 
perch, sunfish, carp, mullet and dogfish, provided a 
permit for so doing shall first be obtained from the 
Commission. Set and trap lines may be used to 
take sturgeon provided a license for so doing shall 
first be obtained. Under rules adopted by the Com- 
mission, set lines shall be not more than 500 feet in 
length nor contain more than 100 hooks; one end 
shall be attached to the shore and the other end 
thereof shall be anchored to the bottom. A person 



170 Fish and Game Seasons. 

must not own or operate more than one such line; 
nothing but dead bait shall be used, and no minnows, 
either dead or alive, shall be used for bait; no fish 
other than the kind mentioned shall be taken. 



SPEARING. 

Spears, grappling hooks, naked hooks, or snatch 
hooks may be used except in waters inhabited by 
trout, for taking whitefish, mullet, carp, catfish, dog- 
fish, bullheads, suckers and eels, under permit issued 
by the Commission. Use of such devices subject to 
rules and regulations of the Commission. 



EEL WEIRS AND EEL POTS. 

The use of such devices is prohibited except under 
license issued by the Commission and subject to its 
rules and regulations. 



GENERAL PROVISIONS. 

All open seasons are subject to be shortened by 
order of the Commission. Such orders will be found 
on file in the office of the clerk of the town affected. 
The Commission should be consulted for information 
relative to open seasons. 



Fish and Game Seasons. 171 

" Angling " means taking fish by hook and line 
in hand or rod in hand; or if from a boat not exceed- 
ing two lines with or without rod to one person. 

Fish must not be taken by means of explosives, 
or by drawing off water for that purpose, or by fish- 
ing through the ice in waters inhabited by trout. 

No license is required for angling, or for netting 
minnows for bait for the owner's personal use, but 
the net used for such purpose must be not more 
than twenty-five feet long. A license is required for 
netting minnows for bait for sale and a fee of ten 
cents per lineal foot for a net must be paid. Netting 
minnows in waters inhabited by trout is prohibited. 

Game protected by law shall only be taken 
after sunrise and before sunset with a gun fired 
at arm's length, without rest. Game shall not 
be taken on the lands purchased or condemned by 
any municipality for the purpose of supplying it 
with water and protecting the same from pollution, 
or on any public highway, except public highways 
within the forest preserve counties. 

Birds shall not be trapped, netted or snared, nor 
shall nets, traps or snares be set or used where birds 
can be taken. 



WILD BIRDS PROTECTED IN THIS 
STATE. 

Wild birds other than the English sparrow, star- 
ling, crow, hawk, crow-black-bird, snow-owl, great 



172 Fish and Game Seasons. 

horned owl and kingfisher shall not be taken or pos- 
sessed at any time, dead or alive, except under the 
authority of a certificate issued under section 150 
of the Conservation Law. No part of the plumage, 
skin or body of any bird protected by section 219 
of the Conservation Law or of any birds coming from 
without the State, whether belonging to the same 
or a different species from that native to the State 
of New York, provided such birds belong to the same 
family as those protected by law shall be sold or 
had in possession for sale. This provision does not 
apply to game birds for which an open season is 
provided. 

The nests of wild birds protected by the above 
provision shall not be robbed or wilfully destroyed 
except when necessary to protect buildings or prevent 
their defacement, or when taken under the authority 
of the Commission. 



SALE OF GAME PROHIBITED. 

The dead bodies, or parts thereof, of squirrels of 
all species and wild deer, elk, moose and caribou 
of all species shall not be sold, offered for sale or 
possessed for sale for food purposes within this 
State, whether killed within or without the State. 

The dead bodies of birds belonging to all species 
or sub-species, native to this State, protected by law 



Fish and Game Seasons. 173 

or belonging to any family, any species or sub-species 
of which is native to this State and protected by 
law, shall not be sold, offered for sale, or possessed 
for sale for food purposes within this State, whether 
taken within or without this State, except as pro- 
vided by sections 372 and 373 of the Conservation 
Law. 



BREEDING AND SALE OF ELK, DEER, 
PHEASANTS, MALLARD DUCKS, 
AND BLACK DUCKS. 

Domesticated American elk, white-tailed deer, 
European red deer and fallow deer, roebuck, pheas- 
ants, mallard ducks and black ducks or any of them, 
may be propagated in a wholly enclosed preserve, or 
entire island, under a license issued by the Conserva- 
tion Commission and may be killed and sold under 
certain regulations. No person shall sell or offer 
for sale any such game or any part thereof, killed 
in such a preserve, without first obtaining a license 
so to do and complying with the law and the rules 
and regulations of the Commission. 



174 Fish and Game Seasons. 

CERTAIN MAMMALS AND BIRDS 
MAY BE IMPORTED FROM WITH- 
OUT THE UNITED STATES AND 
SOLD. 

The unplucked carcasses of pheasants of all species, 
Scotch grouse, European black-game, European black 
plover, European red-legged partridge, Egyptian 
quail, and the carcasses of European red deer, fallow 
deer and roebuck may be imported into this State 
from without the United States and sold at any 
time of the year. Such birds and mammals must be 
tagged immediately upon their importation and be- 
fore they shall have been sold by the importer. 
The tags are to remain attached to the quarter, loin 
or larger portion of such deer and to the birds until 
consumption of the same. Keepers of hotels, res- 
taurants or boarding-houses or retail dealers in meat, 
or clubs, however, may sell without a license portions 
of a quarter or loin of any such deer so tagged, or 
portions of any birds so tagged to a guest, customer 
or member for consumption. All dealers, other than 
the keeper of a hotel, a restaurant, a boarding-house 
or a retail dealer in meat, or a club, shall obtain 
from the Commission a license before offering for 
sale any such game. 



Fish and Game Seasons. 175 

PROPAGATION AND SALE OF TROUT 
RAISED IN PRIVATE HATCH- 
ERIES. 

Trout not less than six inches long, raised in a 
private hatchery, may be sold at any time of year 
under tlie authority of a license issued by the Com- 
mission. Such trout must be tagged with tags fur- 
nished by the Commission. 



TRANSPORTATION OF FISH AND 
GAME RESTRICTED. 

No common carrier or person in its employ while 
engaged in such business of common carrier shall 
transport any wild game or fish, or any part thereof 
ag owner. 

Xo person sliall transport in one day more than 
the number or limit of wild game or fish that he 
may lawfully take in one day. Wild game or fish 
in transportation must be accompanied by the owner 
thereof, or if such fame or fish be placed in the 
custody of a common carrier or transported in any 
package, the said game or fish or any package con- 
taining the same, shall have affixed thereto a tag 
plainly marked with the kind and number of such 



176 Fish and Game Seasons. 

game or fish, the names of the consignor and the 
consignee, the initial point of billing and the point 
of destination. 

The receiving or possession of game or fish, pro- 
tected by law, or any part thereof, for shipment, by 
any person or common carrier within this State, 
or by any person in its employ, while engaged in 
the business of such common carrier, unaccompanied 
by the owner thereof, or in any package unmarked, 
as above provided, shall constitute a violation of the 
law. 

Upon procuring a license from the Commission a 
nonresident may transport out of the State the num- 
ber or limit of fish or wild game that he may law- 
fully take in one day. Such game or fish must be 
marked and tagged as above provided. 

A citizen of the State, upon procuring a license 
from the Commission, may between the sixteenth 
day of September and the fifteenth day of January 
bring into this State as his personal baggage for his 
private use, game or fish lawfully taken by him in 
any place outside of this State, provided that such 
game shall be taken not less than fifty miles from 
the border of this State, and may be lawfully brought 
from the State where taken. Game or fish, during 
the open season therefor in this State, may be im- 
ported without a license. 

Game and fish for propagation purposes, the head, 
hide, feet or fur of quadrupeds and the plumage and 



Fish and Game Seasons. 177 

skin of game birds legally taken and possessed, may 
be transported without being marked as provided 
above. 



PROPAGATION OF SKUNKS. 

Propagation of skunks is permitted under the au- 
thority of a license issued by the Commission, pro- 
vided, however, that such skunks shall not be taken 
wild during the close season for skunks and that 
such skunks shall not be disposed of in any way 
during the close season. 



REGULATIONS FOR HUNTING AND 
TRAPPING LICENSES. 

A hunting and trapping license is required for any 
kind of hunting or trapping fur bearing animals. 
Licenses may be procured from any county, city or 
town clerk and are good in any part of the State 
from the date of issue to December 31st following. 
The license must be carried on the person and pre- 
sented for inspection when required. The license is 
not transferable. The fee required of citizens of 
New York State is $1.10; for a nonresident, an un- 
naturalized person or an alien, $20.50; for a non* 



178 FisJi and Game Seasons. 

resident who is a taxpayer of the State $10.50; 
such fees to be paid to the clerk issuing the license. 
A nonresident has the privilege of taking one deer 
out of the State under conditions to be prescribed 
by the Commission. 



OPEN SEASON DEFINED. 

The word " open season " is the time during which 
fish, fowl, birds and quadrupeds may be taken. If 
in accordance with the provisions, of this article the 
open season commences or ends on Sunday, it shall 
be deemed to commence or end, as the case may be, 
on the Saturday immediately preceding such Sunday. 

For fish and game not mentioned herein, inquiry 
should be made of the Commission. 

Violations of laws relating to fish and game should 
be reported to the Conservation Commission, 
Albany, N. Y. 

It should be remembered that this is a syllabus 
of the law and that the full text of the law should 
be consulted on special points. 



RULES AND REGULATIONS 



Relating to: 
I. Nets, set and trap lines, eel weirs and eel pots. 
II. Taking minnows for bait. 

III. Buying and selling trout artificially propagated. 

IV. Propagation and sale of skunks. 
V. Possession of venison. 



[Adopted by the Conservation Commission on the 18th 
day of April, 1912, to take efiEect immediately.] 



I. 



NETS, SET AND TRAP LINES, EEL WEIRS AND 
EEL POTS. 

License 1. No nets of any kind shall be 

required. set or used for the taking of fish in 
Lake Erie or Lake Ontario or the 
inland waters of the State, or in the Hudson River 
south of Verplanck's Point, for the taking of fish 
other than migratory food fish of the sea, without 
a license so to do granted by the Conservation Com- 
mission. 

[179] 



180 Rules and Regulations, 

Application 2. Xo license shall be granted ex- 
therefor. cept upon written application made 
upon blanks to be furnished by the 
Commission and signed and sworn to by the appli- 
cant. 

All applications for licenses must be endorsed by 
two responsible persons. 

The application shall specify the size of mesh and 
the kind and size of the net to be used together 
with the length of the wings and leaders. 

The Commission shall determine and fix the size 
of nets and the length of the wings or leaders to be 
used. 

The Commission may refuse to grant a license 
to any person for any reason which to it may seem 
sufficient. 

Each application shall be accompanied by a satis- 
factory bond signed by the applicant and two suffi- 
cient sureties in an aggregate penal sum equal to 
one hundred dollars for each net specified in the 
license but not exceeding three hundred dollars; each 
application for a boat license shall be accompanied 
by such a bond in the penal sum of five hundred 
dollars. 

Failure to return to the Commission at the expi- 
ration of a license, tags issued by it, or to make 
the report required by rule thirteen hereof is suf- 
ficient cause for denying an application for a license. 



Rules and Regulations. 181 

License 3. All licenses for nets shall be 

subject to granted pursuant and subject to 
rules. these rules and regulations. 

Kind of 4. Only such nets, to the number 

nets to be and of the size of mesh, with leaders 

used and and wings, of the length mentioned, 

duration of shall be used as are specified in the 

license. license; the license shall specify the 

kind of nets to be used and the 

duration of ttie license; licenses shall be granted 

for no longer than one year; all licenses granted 

during the year will expire on the thirty-first day 

of December following, unless an earlier date is 

specified; nets shall be used only during and at the 

times specified in the license. 

Revocation. 5. The Commission may revoke any 
license granted hereunder at any time 
for any reason which to the Commission may seem 
sufficient. 

Not transfer- 6. A license issued pursuant to 

able. these rules is not transferable and 

if a licensed net be used by any 

person other than the licensee or a person in his 

employ, or under his immediate supervision, it shall 

be deemed forfeited, revoked and cancelled. 



tS2 Rules and Regulations. 

Location 7. Nets sliall be set or used only 

of nets in the waters mentioned in the 

restricted. license; the setting and hauling of 

all nets in those waters shall at all 

times be under the direct supervision and control 

of the Conservation Commission or person designated 

by it, who shall have the power to designate the 

location of all nets; such location once fixed shall 

not be changed without the written authority of said 

Commission or person. 

No net licensed under a seine license shall be 
staked, anchored or otherwise fastened while in the 
water unless specifically permitted in the license. 

Tagging 8. The Commission shall issue with 

of nets. each licensed net a tag upon which 
shall be stamped a number corre- 
sponding with the number or numbers on the license. 
Such tag must be attached to the net when in use 
in such a manner that it will be on the top of or 
above the water and in plain sight at all times. ^, 

Exhibition of 9. The owner of each licensed boat 
license. on Lake Erie shall at all times have 
his license in plain sight, aboard said 
boat. Each licensee must exhibit his license when 
requested by any game protector or by any peace 
officer of this State or by any person designated by 
the Commission. 



Rules and Regulations. 183 

Mesh of 10. The mesh of all nets used 

nets. under any license, except to take min- 

nows for bait, sliall be as follows: 
Nets for taking lake trout and W'hitefish, not less 
than 4%-inch mesh or 2%-inch bar; 

Nets for taking Otsego whitefish in Otsego LaKe, 
not less than 3-inch mesh or 1%-inch bar; 

Nets for taking fish, other than lake trout and 
whitefish, not less than 3-inch mesh or li/^-inch bar. 

Disposal of 11. Fish not allowed to be taken 

fish unin- under 'the license shall be carefully 

tentionally handled and immediately returned to 

t taken or the water; fish which may be taken, 
undersized if under the size limit and taken in 
fish taken in giil nets, must be disposed of as pro- 
gill nets. vided in section 177 of the Conser- 
vation Law. 

Reports, 12. Every person holding a license 

shall make an annual report to the 

Commission of the number, weight and species of 

fish caught and the value of same, and return the 

tags, issued to him with the license. 

License 13. An applicant shall, at the time 

fees. of filing his application for a license, 

pay to the Commission a license fee 
as provided in the following schedule: 

For each minnow net per lineal foot $0.10 

For each scoop, dip or scap net. 1.00 

For each fvke net 5.00 



184 Rules and Regulations, 

For each trap net $10.00 

For each machine trap net 20.00 

For each seine or gill net used only for tak- 
ing fish not protected by law, per lineal 

foot 15 

For each seine or gill net used only for tak- 
ing fish protected by law, per lineal foot, 

15 cents, but not exceeding 25.00 

For each gill net of not less than 5- inch mesh 
or 2%-inch bar for taking short nosed stur- 
geon, per lineal foot, 15 cents, but not ex- 
ceeding 25.00 

For each gill net of not less than 10-inch mesh 
or 5-inch bar for taking other sturgeon, per 
lineal foot, 15 cents, but not exceeding.... 25.00 
For each gill net of not less than 6- inch mesh 

or 3-inch bar for taking carp, per lineal foot .15 

For each line to catch sturgeon 5.00 

For each eel pot 5.00 

For each eel weir and trap 25.00 

For each stake net, per 100 lineal feet 2.00 



The above schedule of fees shall not apply to tlie 
waters of Lakes Erie or Ontario. In these waters 
the fees shall be as follows: 

For each fyke net $10.00 

For each trap net 20.00 

For each row or sail boat used in fishing with 

gill nets 10.00 



Rules and Regulations. 185 

For each boat of any other kind, under ten 

tons gross tonnage, so used $25.00 

For each boat of any other kind, per ton, 

gross tonnage, so used 3.00 



Size of 14. Eel pots must not be more than 

eel pots. 56 inches long, nor more ' than 12 
inches in diameter if round, and not 
more than 12 inches square, if square in form. The 
aperture or mouth of any eel pot shall be not more 
than one and one-half inches in its greatest diame- 
ter. There shall be no fixtures or wings of any kind 
attached to or used in connection with eel pots. 

Size of 15. For the purposes of these rules 

eel weirs. an eel weir shall consist of not to 
exceed two wings or leaders fastened 
to an eel trap; no eel trap shall have attached 
thereto more than one weir; the length of each weir 
shall be determined by the Commission or person 
designated by it; and the use of weirs of a greater 
length than that specified in the license is pro- 
hibited. 

16. Eel weirs and eel pots shall not be constructed, 
r^et or used in any manner so as to unduly obstruct 
the natural flow of water or interfere with the free 
passage of boats. The use of eel weirs, the laths of 
which are less than one inch apart, is prohibited. 

Each eel weir or eel pot shall have attached 
thereto a tag, issued by the Commission, upon which 



186 Rules and Regulations. 

sJiall be stamped a number corresponding with the 
number on the license. All fish, except eels, taken 
in an eel weir or an eel pot, must be immediately 
returned to the water. 

Bait or 17. Bait lines or trap lines to take 

trap lines sturgeon shall not exceed 1,200 feet 

to take in length and the bait lines shall use 

sturgeon. Number 9-0 hooks and be anchored 

on the bottom; trap lines shall use 

Number 10-0 hooks and be anchored not over three 

feet from the bottom. Each bait line or trap line 

shall have attached to one end thereof a buoy which 

shall be above water and in plain sight at all times; 

each buoy shall have attached thereto a tag, issued 

by the Commission, upon which shall be stamped a 

number corresponding with the number on the 

license. 

Set lines. 18. Set lines other than sturgeon 

lines shall not be more than 500 feet 
in length nor contain more than 100 hooks; one end 
shall be attached to the shore and the other end 
thereof shall be anchored to the bottom; it shall 
not be lawful for one person to own or operate more 
than one such line; nothing but dead bait shall be 
used and no minnows, either dead or alive, shall be 
used for bait; no fish other than the kind mentioned 
in section 254 of the Conservation Law shall be 
taken with such lines. 



Rules and Regulations. 187 

II. 

TAKING MINNOWS FOR BAIT FOR SALE. 

19, Each application for a license 

to take minnows for bait for sale 

shall be accompanied by a satisfactory bond in 

the penal sum of two hundred dollars, signed by the 

applicant and two sufficient sureties. 

20. Black bass, maskalonge, white fish, pickerel, 
pike, pike-perch, lake trout, striped bass, perch and 
bullheads, taken in a net used to take minnows for 
bait shall be immediately returned to the water 
uninjured. 

No net more than twenty-five feet long shall be 
used for taking minnows for the owner's personal 
use. 

Ill, 

BUYING AND SELLING TROUT ARTIFICIALLY 
PROPAGATED. 

Lease of 21. The Commission will lease to 

tagging each applicant to whom a permit is 

device issued to engage in the business of 

and rental, propagating and selling trout raised 

in a private hatchery, a device to be 

used in tagging the trout. No device other than the 

one so furnished shall be used for this purpose. Each 

applicant shall pay to the Commission as and for 

rental of said machine for the first year the sum of 

fifty dollars, in advance, and the sum of one dollar 



188 Rules and Regulations. 



1 



each year thereafter. At the expiration of said per- 
mit the applicant shall return said machine to the 
Conservation Commission, in as good condition as 
when taken, natural wear and tear excepted. 

Tags and 22. The Commission will furnish to 
fees. each person to whom a permit is is- 
sued metallic tags inscribed with the 
letters "N. Y. S. C. C." and with the number of 
the permit. Each applicant shall pay to the Com- 
mission for said tags the sum of three cents each. 
Only tags so furnished shall bo used; no tag shall 
be used more than once. 

Sale of 23. Artificially propagated trout 

trout. not less than six inches long may be 

sold for consumption, at any season 

of the year, under said permit, provided one of said 

metallic tags is firmly attached to each trout. The 

sale of wild trout is prohibited at all times. 

Any person holding a permit as aforesaid may sell, 
exchange or give away at any season of the year, 
for the purpose of propagation or exhibition, any 
live trout propagated by him. 

Live trout for propagation purposes only, may be 
transported when accompanied by a permit issued 
bv the Commission and not otherwise. 

Marking 24. Before any trout are shipped or 

packages. transported the package in which the 

same are contained must have affixed 

thereto a tag on which shall be plainly marked the 



Rules and Regulations. 189 

number of pounds and kind of trout contained 
therein, together with the name and address of the 
consignee and the consignor, the initial point of 
billing and the point of destination. 

Right to have 25. Any person may buy, sell or 
trout for have in possession for sale for use 
consumption, as food at any season of the year, a 
trout artificially propagated and 
kept, provided that such trout is not less than six 
inches long and provided also that the same is 
tagged as hereinbefore provided. The tag shall be 
removed only by the consumer, and when removed 
shall be destroyed. 

Reports. 26. Every person receiving a per- 

mit as aforesaid, to propagate and 
keep trout, shall make a written report to the 
Commission on or before December thirty-first of 
each year, stating the number and variety of trout 
sold or exchanged, or given away for use as food, 
or for propagation or exhibition during the preceding 
year. 

IV. 

PROPAGATION AND SALE OF SKUNKS. 
Bond. 27. Each application for a license 

to engage in the business of propa- 
gation and sale of skunks shall be accompanied by 
a satisfactory bond to the People of the State in 
the Denal sum of five hundred dollars, conditioned 



190 Rules and Regulations. 



1 



that the applicant will not keep skunks which are 
taken wild during the close season for skunks and 
will not dispose of skunks in any way during the 
close season; that he will observe all of the pro- 
hibitions, restrictions and conditions imposed by the 
terms of the license to be issued and the provisions 
of section 200 of the Conservation Law. 

Approval of 28. If said bond is approved, and 

bond, and upon payment to it of a fee of ten 

fee. dollars, the Commission shall issue to 

the applicant a license permitting him 

to keep skunks under the provisions of said section 

for one year from a time therein stated, but no such 

license shall be issued to take effect during the close 

season. 

Renewal of In order to authorize the continu- 
license. ance of such license thereafter, the 
licensee shall renew said bond annu- 
ally, and the fee for renewal of license shall be five 
dollars. 

Construction. 29, ISTo person purchasing skunks 
from such licensee shall have them 
in possession during the close season, even though 
purchased during the open season. 

Penalty. 30. Any person violating the provi- 

sions of such bond, any rule or regu- 
lation of the Commission or any of the provisions of 



Rules and Regulations. 191 

section 200 of the Conservation Law shall forfeit his 
license and shall be denied the privilege of giving 
another bond. 

V. 

POSSESSION OF VENISON. 

Application. 31. Applications for a license to 

possess venison during any calendar 

year, pursuant to the provisions of section 191 of 

the Conservation Law, must be made and the license 

granted on or before November 16. 

The applicant shall at the time of filing his appli- 
cation for a license pay to the Commission a license 
fee of five dollars, and such license shall be granted 
only to a person holding a hunting and trapping 
license. 

A license shall permit the person killing the deer 
to possess the same in his own home for consump- 
tion and not otherwise, from November 21 to Janu- 
ary 1, both inclusive, provided that said deer or 
venison shall be tagged as follows: 

Each quarter of said deer shall be tagged with a 
tag to be furnished by the Commission. 

The Commission will also furnish with the license 
duplicate coupons which shall be filled out, signed 
and sworn to by the licensee; one coupon shall be 
attached to the deer and one coupon shall be filed 
with the Commission on or beiore November 20th 
of the same year; the tags shall be fastened and 
locked to each quarter and the coupon attached to 



192 Rules and Regulations. 

said deer on or before November 20th next succeeding 
the date of killing. 

Amending or 32. The Conservation Commission 

abrogating reserves the right to alter, amend, or 

rules. abrogate, any or all of the foregoing 

rules and regulations, and may adopt 

new ones at any time as the Commission may deem 

expedient. Nothing contained in any of these rules 

and regulations sliall be construed as compelling the 

issuing of a license to any person nor to prevent 

the revoking of such license at any time. 

Penalties. 33. Any person who shall violate 

any of these rules shall be subject 
to tJie penalties imposed by provisions of the Con- 
servation Law in relation to fish and game. 

Construction. No license or permit issued by the 
Commission under Article 5 of the 
Conservation Law shall be deemed to authorize 
the licensee, or person to whom such a permit is 
issued, to trespass upon any private lands, or to do 
any injury thereto, or to exclusively occupy any 
land owned by the State, including lands under 
water, or to exclusively use any public waters of 
the State. 



APPENDIX 



[193] 



THE LACEY ACT. 

[Chap. 553 (1900).] 



UNITED STATES STATUTE. 



AN ACT to enlarge the powers of the department of 
agriculture, prohibit the transportation by inter- 
state commerce of game killed in violation of local 
laws, and for other purposes. 

Be it enacted hy the Senate and House of Repre- 
sentcitives of the United States of America in Con- 
gress assembled, That the duties and powers of the 
department of agriculture are hereby enlarged so as 
to include the preservation, distribution, introduction, 
and restoration of game birds and other wild birds. 
The secretary of agriculture is hereby authorized to 
adopt such measures as may be necessary to carry 
out the purposes of this act and to purchase such 
game birds and other wild birds as may be required 
therefor, subject, however, to the laws of the various 
states and territories. The object and purpose of 
this act is to aid in the restoration of such birds 

[195] 



196 The Lacey Act. 

in those parts of the United States adapted thereto 
wliere the same have become scarce or extinct, and 
also to regulate the introduction of American or 
foreign birds or animals in localities where they 
have not heretofore existed. 

The secretary of agriculture shall from time to 
time collect and publish useful information as to the 
propagation, uses, and preservation of such birds. 

And the secretary of agriculture shall make and 
publish all needful rules and regulations for carry- 
ing out the purposes of this act, and shall expend 
for said purposes such sums as congress may ap- 
propriate therefor. 

§ 2. Repealed by chapter 321 of the Laws of 1901) 
of the United States. 

§ 3. Repealed bj^ chapter 321 of the Laws of 1900 
of the United States. 

§ 4. Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 5. That all dead bodies or parts thereof, of any 
foreign game animals, or game or song birds, the 
importation of which is prohibited or the dead bodies, 
or parts thereof, of any wild game animals, or game 
or song birds transported into ary state or territory, 
or remaining therein for use, consumption, sale, or 
storage therein, shall upon arrival in such state or 
territory be subject to the operation and effect of 
the laws of such state or territory enacted in the 



The Lacey Act. 197 

exercise of its police powers, to the same extent and 
in the same manner as though such animals and 
birds had been produced in sucli state or territory, 
and shall not be exempt therefrom by reason of being, 
introduced therein in original packages or otherwise. 
This act shall not prevent the importation, trans- 
portation, or sale of birds or bird plumage manu- 
factured from the feathers of barnyard fowl. 
Approved, May 25, 1900. 

CHAPTER 321 
of the Laws of 1909 of the United States. 

AN ACT to codify, revise and amend the penal laws 
of the United States. 

Be it enacted hy the Senate and House of Repre- 
sentatives of the United States of America in Con- 
gress assembled, That the penal laws of the United 
States be and they hereby are codified, revised and 
amended with title, chapters, head notes and sections, 
entitled, numbered and to read as follows: 

CHAPTER 9. 

§ 241. The importation into the United States or 
any territory or district thereof, of the mongoose, 
the so called " flying foxes " or fruit bats, the English 



198 The Lacey Act. 

sparrow, the starling, and such other birds and 
animals as the secretary of agriculture may from 
time to time declare to be injurious to the interests 
of agriculture or horticulture is hereby prohibited; 
and all such birds and animals shall, upon arrival 
at any port of the United States be destroyed or 
returned at the expense of the owner. 

No person shall import into the United States or 
into any territory or district thereof, any foreign 
wild animal or bird, except under special permit 
from the secretary of agriculture. Provided, That 
nothing in tliis section shall restrict the importation 
of natural history specimens for museums or scientific 
collections, or of certain cage birds such as domesti- 
cated canaries, parrots or such other birds as the 
secretary of agriculture may designate. 

The secretary of the treasury is hereby authorized 
to make regvilations for carrying into effect the pro- 
visions of this section. 

§ 242. It shall be unlawful for any person to de- 
liver to any common carrier for transportation, or 
for any common carrier to transport from any state, 
territory or district of the United States to any 
other state, territory or district thereof, any foreign 
animals or birds, the importation of which is pro- 
hibited, or the dead bodies or parts thereof of any 
wild animals or birds, where such animals or birds 



I 



II 



■II 



The Laceij Act. 199 

have been killed or shipped in violation of the laws 
of the state, territory or district in which the same 
were killed or from which they were shipped. Pro- 
vided, Tlmt nothing herein shall prevent the trans- 
portation of any dead birds or animals killed during 
tlie season when the same may be lawfully captured 
and the export of which is not prohibited by law 
in the state, territory or district in which the same 
are captured or killed. Provided further. That noth- 
ing herein shall prevent the importation, transporta- 
tion or sale of birds or bird plumage manufactured 
from the feathers of barnyard fowls. 

§ 243. All packages containing the dead bodies, or 
the plumage or parts thereof, of game animals, or 
game or other wild birds, when shipped in inter- 
state or foreign commerce, shall be plainly and 
clearly marked, so that the name and address of 
the shipper, and the nature of the contents may 
be readily ascertained on an inspection of the out- 
side of such package. 

§ 244. For each evasion or violation of any pro- 
vision of the three sections last preceding, the ship- 
per shall be fined not more than two hundred dol- 
lars; the consignee knowingly receiving such articles 
so shipped and transported in violation of said sec- 
tions shall be fined not more than two hundred dol- 
lars; and the carrier knowingly carrying or trans- 



200 The Lacetf Act. 

porting the same in violation of said sections shall 
be fined not more than two hundred dollars. 

The above sections 241, 242, 243, 244 take the 
place of sections 2, 3 and 4 of the Lacey Act. 



^1 



SYNOPSIS 



OF THE 



CONSERVATION LAW 

RELATING TO LANDS, FORESTS AND PUBLIC 
PARKS, ARRANGED IN ALPHABETICAL 
ORDER BY SUBJECTS. 



I 



(Chap. 444, Laws of 1912.) 



Note. — It will be observed that this synopsis does 
not purport to give tlie full text of the lands and forest 
law. Reference must therefore be had to the statute 
itself in determining the nature and extent of the duties, 
liabilities, penalties and punishments imposed by the act. 

ACTIONS. 

1. For Trespass. Actions may be brought oii-the 

Older of tlie Commission in the name of the people 
( § 63 ) . See " Trespass on state hinds." 

2. For Penalties. May be brought on order of 
Commission in name of people. Such actions, if in 
Justice's Court, may be brought in any* town of the 
county in which the penalty is incurred, or, if the 
defendant resides in another county in any town of 
the county in whicli the defendant resides. (§ 26.) 

[201] 



202 Conservation Law. 

3. To Set Aside Cancellations and Determine Title. 

The Commission may bring any action or special pro- 
ceeding in the name of the people, which an owner 
of land would be entitled to bring in a court of 
justice or before the Comptroller of the State (a) to 
set aside the cancellation of any sale of land for 
taxes, or (b) to ascertain and determine the title 
to any lands claimed by the commission to be owned 
by the people of the State within the Adirondack and 
Catskill parks, or in any of the Forest Preserve 
counties, claimed by any person adversely to the 
State, and, (c) to recover the possession thereof, 
and (d) to demand an accounting and recover dam- 
ages for any timber cut or removed from such lands, 
and (e) if demanded in the complaint, to recover 
triple damages therefor. 

The Commission may make any tender or demand 
before or after commencing any such action or pro- 
ceeding which it may deem necessary for the pur- 
pose of entitling it to enforce or defend any right 
or claim on behalf of the State. 

4. Title. The Commission may also bring any 
action or proceeding necessary to perfect the State's 
title or record, title, to any lands situate within such 
parks, or in the Forest Preserve counties, and a pre- 
liminary or final injunction may be brought pend- 
ing any such action. (§ 64.) 



Conservation Law. 203 

ADIRONDACK PARK. 

1. The Adirondack Park includes all lands, both 
State and private, embraced within the boundaries 
described in section fifty-one of the Conservation 
Law. (§ 109, Definitions.) 

2. All lands owned by the Staie within such park 
shall be forever reserved for the free use of all the 
people. (§ 51.) 

AUDITOR OF FIRE ACCOUNTS. 

The Commission may appoint an auditor of fire 
bills and accounts, who shall audit all fire bills when 
reported to the Commission and perform such other 
acts as the Commission may from time to time direct. 
(§95.) 

ADVANCES FOR FIGHTING FIRES. 

1. The auditor of fire accounts may draw on the 
Comptroller for advances to meet expenses of fight- 
ing fires, but the advances unaccounted for by. the 
auditor of fire accounts for the expenses of fighting 
fires, shall not at any time exceed five thousand 
dollars. 

2. The said auditor of fire accounts shall monthly 
render accounts of the amounts paid for such expenses 
of fighting fires, with sworn vouchers for the same, 
to the Comptroller, who shall audit them. (§ 96.) 



204 Conservation Law, 

APPROPRIATION OF LANDS. 

1. Entry upon. The commission may enter upon 
and take possession of any lands, forests, and riglits 
in timber upon such lands, and waters, or any part 
or portion thereof, within the Adirondack or Catskill 
parks, the appropriation of which in the judgment 
of tiie Commission, shall be necessary for public park 
purposes or for the protection and conservation of 
the lands, forests and waters within the State, or for 
the purpose of artificial propagation of food and 
game fish for restocking the public waters of the 
State. 

2. Description. Upon the request of the Con- 
servation Commission an accurate description of such 
lands, forests or other property appropriated, shall 
be made by the State Engineer and Surveyor and 
certified by him to be correct, and the Commission 
shall indorse thereon a statement that the lands 
described in such certificate have been so appro- 
priated. (§ 67.) 

3. Notice. The Commission shall thereupon 
cause a duplicate of such description and certificate, 
with the date of filing thereof in the office of the 
Comptroller, to be served on the owners of the 
property appropriated, and from the time of such 
service, the appropriation shall be deemed com- 
plete, and the title vested in the people of the State. 
(§ 68.) 



Conservation Law. 205 

The service of the notice and papers must be 
personal if the person can be found within the State; 
if not, service may be made as provided by the Code 
of Civil Procedure for the service of a summons upon 
an unknown owner or person without the State. 
(§69.) 

4. Record. A duplicate of such description, cer- 
tificate and notice of filing, with an affidavit of due 
service thereof on the owner or owners, shall be 
recorded in the office of tjie clerk of the county in 
whicli any of the property described therein is 
situated. (§ 70.) 

5. Adjustment of claims. Claims for the value 
of property appropriated and for legal damages 
caused by any such appropriation, may be adjusted 
by the Commission if the amount thereof can be 
agreed upon with the owners. Upon making sucli 
agreement, a certificate stating such fact and the 
amount due, shall be delivered by the Commission to 
the Comptroller and the amount so fixed shall be 
paid by the Treasurer upon the warrant of the 
Comptroller. (§ 71.) 

6. Board of Claims. In case the Conservation 
Commission and the owners of property appropriated 
fail to agree upon the value of any such property 
within one year after the service of notice of such 
appropriation upon the owner, the owner may within 
two years following the service of such notice, present 
to the Board of Claims a claim for the value of such 



206 Conservation Laiv. 

land and legal damages; and upon an award by the 
Board of Claims and a certificate by the Attorney- 
General that no appeal has been, or will be taken 
by the State, the Comptroller may issue his warrant 
for the payment of the amount due the claimant. 
Interest on such claim shall be allowed only from 
the date of the judgment until the thirtieth day after 
the entry of final judgment. (§ 72.) 

The Board of Claims may also examine the real 
property afTected and take testimony in relation 
thereto if requested by the claimant or the Attorney- 
General. (§ 73.) 

7. (a) Owner May Reserve Timber. The owner 
of land appropriated may, with the written consent 
of the Conservation Commission, reserve all trees 
on the land appropriated, which shall be eight inches 
or mors in diameter, breast high, at the time of the 
service of the notice of appropriation. The reser- 
vation must be exercised within six months after 
notice of the appropriation, by the owner serving 
upon the Commission a written notice of such reser- 
vation, and if such notice is not so served, the owner 
will be deemed to have waived his rights to reserve 
timber. If the claim is presented to the Board of 
Claims before the service of the notice, that also 
will be deemed a waiver of the right to such reser- 
vation. (§ 74.) 

(b) Lands Purchased. All trees eight inches and 
upwards in diameter, breast high, may be reserved 



Conservation Law, 207 

by the owner of lands purchased upon an agreement 
with the Commission and the owner, subject to any 
lien, mortgage or other incumbrance not extending 
fifteen years beyond the date of acquisition. (§ 75.) 

(c) Restrictions. Trees or timber within twenty 
rods of a lake, pond or river, cannot be reserved. 
All timber reserved must be removed from the land 
within fifteen years after the service of notice of 
reservation or the making of the contract of pur- 
chase, and such removal is subject to reasonable 
rules and regulations to be prescribed by the Com- 
mission. The land upon which such timber is 
reserved, shall not be cut over more than once and 
such cutting shall also be subject to reasonable rules 
and regulations of tie Commissiun. All timber 
reserved and not removed from the land within 
fifteen years, shall thereupon become the property 
of the State. (§ 76.) 

(d) Compensation. A person who reserves timber 
as provided in this article, shall not be entitled 
to any compensation for the value of the land pur- 
chased or appropriated by the State until the timber 
so reserved is all removed and the object of the 
reservation fully consummated or the time limited 
for the removal of the timber is fully lapsed, or the 
right to remove any more timber waived by a written 
instrument filed with the Commission, and the Com- 
mission must be satisfied that no trespass has been 
committed by the owner on any State lands, and 



208 Conservation Law. 

that no cause of action exists against said owner 
for any alleged trespass or other injury to tlie 
property or interests of the State, and that the 
owner has complied with all rules, regulations and 
requirements of the Commission concerning the use 
of streams or other property of the State for the 
purpose of removing such timber. The Commission 
may, under certain conditions, direct payment of a 
portion of such compensation to the owner. (§ 77.) 
(e) Value. In arriving at the value of the land 
purchased or appropriated upon which timber has 
been reserved, the value of the timber reserved at 
the time of the agreement for the purchase, or in 
case of no agreement, at the time of the presentation 
of the claim to the Board of Claims, shall be taken 
into consideration in arriving at the amount to be 
paid to the owner for such value. (§ 78.) 

8. Appraisers. The commission may appoint ap- 
praisers to examine the value of lands offered for 
sale to the State, and may fix the compensation of 
such appraisers and their assistants. The persons 
so appointed may be removed at the pleasure of the 
Commission. (§ 79.) 

9. Adjustment of Claims. In cases of trespass or 
other injuries to land or property purchased or i 
acquired by the State, .the Commission may settle* 
and adjust any claims for damages to the State on 
account of any such trespass or other injuries to 
property or interests of the State, or for penalties. 



Conservation Laiv. 209 

The amount of such damage or penalty so adjusted, 
shall be deducted from the original compensation 
agreed to be paid for the land, or from the judgment 
rendered by the Board of Claims on account of the 
appropriation of such land. (§ 80.) 

10. Judgments. When a judgment for damages is 
rendered for the appropriation of any lands, and it 
appears that there is any lien or incumbrance upon 
the property so appropriated, the amount of such 
lien shall be stated in the judgment and the Comp- 
troller immediately deposit the amount awarded to 
the claimant in any bank in which moneys belonging 
to the State may be dep®sited, to the account of such 
judgment to be paid to and distributed to the per- 
sons entitled to the same as directed by the judg- 
ment. (§ 82.) 

11. Warrants. A warrant shall not be drawn by 
the Comptroller for the amount of compensation 
agreed upon between the owner and the Commission, 
nor for the amount of a judgment rendered by the 
Board of Claims until a certificate is filed with the 
Comptroller by the Commission to the effect that 
the owner has not reserved any timber and that he 
has complied with all the provisions of the article 
relating to lands and forests. (§ 83.) 

12. Interest. If timber is reserved upon land pur- 
chased or appropriated, interest is not payable upon 
the purchase price or tlie compensation awarded for 
the value of such lands, or for damages caused by 



210 Conservation Laio. 

such appropriation, except as provided in section 
72 of this chapter. (§ 84.) 

13. Costs. If an offer is made by the commission 
for the value of land appropriated, and such offer is 
not accepted, and the recovery in the Board of Claims 
exceeds the offer, the claimant is entitled to costs 
and disbursements against the State as in an action 
in the Supreme Court. If the recovery in the Board 
of Claims does not exceed the offer, costs and dis- 
bursements shall be awarded in favor of the State 
against the claimant. (§ 85.) 

14. Streams. Persons entitled to cut and remove 
timber under this article,- may use the streams or 
other waters of the State within the forest preserve 
counties, for the purpose of removing such timber 
under such regulations and conditions as may be 
prescribed by the Commission. The person using 
such waters sliall be liable for all damages suffered 
by the State or any person, caused by such use. 
.(§ 87.) 

CAMPS AND CAMP FIRES. 
1. Regulations Regarding Same. Every person 
who starts a camp or other fire upon, or in t',.e 
vicinity of, forest or wood land, for cooking, obtaining 
warmth or any industrial purpose, shall, before 
lighting the same, clear the ground of all branches, 
brushwood, dry leaves or other combustible material 
within a radius of ten feet from the fire, and shall 
carefully extinguish the fire before quitting the place. 



I 



Conservation Law. 211 

2. Violations. Any person violating any of the 
provisions of this section shall be deemed guilty of 
a misdemeanor punishable by a fine of not less than 
ten or more than twenty-five dollars and costs of 
prosecution, or by ' imprisonment in the county jaic 
for not more than ninety days, or by both such fine 
and imprisonment. (§ 100.) 

CATSKILL PARK. 

(1) The Catskill Park consists of all lands located 
in the counties of Greene, Delaware, Ulster and Sulli- 
van within the boundaries described in section fifty- 
two of the Conservation Law. 

(2.) The park includes all lands, both State and 
private, embraced within such specified boundaries. 
(§ 1P9.) 

COURTS. 

1. Jurisdiction in Criminal Cases. Subject to the 
powder of removal provided in tlie Code of Criminal 
Procedure, courts of special sessions and police courts 
shall have, in the first instance, jurisdiction of 
ofi'ences committed under this chapter within their 
respective counties. The warrant shall be returnable 
before the magistrate issuing the same. And for 
the purpose of this chapter only, the jurisdiction 
of the coui-ts mentioned in this section is extended 
as a misdemeanor to permit imposition of fines and 
sentences therein by this chapter. (§ 31.) 



212 Conservation Law, 

CONVICTS. 

SEE REFORESTATION; POWERS OF COMMISSION", 

COSTS AND DISBURSEMENTS. 

1. Actions by the People. In case of recovery of 
any amount in an action brought for a penalty under 
tins chapter, or in any action authorized by this 
chapter, the people shall be entitled to recover full 
costs, and at the rates as provided for by sections 
3228 and 3251 of the Code of Civil Procedure, to- 
gether with witness fees and other disbursements. 
(§ 27.) 

2. Offer on Appropriations. See appropriation of 
land, subdivision 13; costs. 

COMMISSION. 
General Powers. The commission shall have the 
care, control and supervision of tlie forest preserve 
and all parks and reservations; make necessary rules 
and regulations; administer laws relating to forest 
tree culture and reforestation ; publish pamphlets 
and circulars of instructions ; issue licenses to guides ; 
cause investigations to be made as to methods of 
reforestation, prevention of forest fires, etc. Have 
power to purchase land subject to the approval of 
the governor; receive and accept money or land for 
forest preserve or forestry purposes; make rules for 
the prevention of forest fires; have power to visit 
and inspect public parks, places and reservations, 
make recommendations thereon. (§ 55.) 



Conservation Law. 213 

DEEDS, CONTRACTS AND RECORDS. 

1. Where Filed. All contracts, deeds of gift or 
purchase, and papers relating to appropriation of 
lands, and the abstract of title, shall be approved 
by the Attorney-General, and all such original papers 
shall be filed in the office of the Comptroller, and 
the conveyances recorded in the proper County Clerk's 
offices as provided by Jaw, and certified copies of 
all such papers and all abstracts of search and title 
relating to lands in the Forest Preserve, shall be 
filed in the office of the Conservation Commission. 
(§ 86.) 

DEFINITIONS. 

1. Words and Phrases. Forest preserve counties 
are those counties in which any lands therein, if 
acquired by the State, will become a part of the 
forest preserve. 

2. The Adirondack park includes all lands, both 
state and private, embraced within the boundaries 
described in section fifty-one of this chapter. 

3. The Catskill park includes all lands, both State 
and private, embraced within tbe boundaries described 
in section fifty-two of this chapter. 

4. Trespass includes cutting, injuring, taking or 
removing trees of any size, or timber, or other 
property of the State, or entering upon the lands 
of the State with intent to cut, injure, take or 
remove trees of any size or timber or other property 
of the State. 



214. Conservation Law. 

5. Person includes a co-partnersliip, joint-stock 
company or corporation. (§ 109.) 

DISCONTINUANCE OF ACTIONS. 

See Suits axd Prosecutions; Compkomise. 

DEVICES FOR FIRE PROTECTION 

See Railroads; Clearing Right of Way (§ 103.) 

DISTRICT FOREST RANGERS. 

(1.) A district forest ranger shall be appointed 
for each fire district, who shall have charge, under 
the direction of the Commission of the fire fighting 
system and the men in each district, and who shall 
bo charged with the duty of preventing and extin- 
guishing forest fires, and such other duties as may 
be required by the Commission. (§91, subd. 3.) 

(2.) The district forest ranger may, when neces- 
sary, employ men and teams to fight forest fires, and 
foremen, to be known as fire wardens, to direct the 
work of men who are actually engaged in fighting 
forest fires, and he may incur any other necessary 
expense, and may summon any male person of the 
age of 18 years and upwards to assist in fighting 
forest fires. (§ 92, subd. 2.) 

(3.) The district forest ranger shall divide his 
fire district into such separate fire districts as the 
public interests require. (§ 92.) 



Conservation Law. 215 

(4.) The district forest ranger shall transmit all 
reports of forest lires in his districts, to the Com- 
mission, giving the particulars thereof as required of 
the forest ranger. (§ 92, subd. 4.) 

ENGINES. 

L Rejection from Service. The chief fire inspec- 
tor appointed by the Conservation Commission, shall 
imiiiediatcly report to the Conservation Commission 
any locomotive or logging engine which, in the 
opinion of said inspector, is deficient in adequate 
design, construction or maintenance of the fire pro- 
tective devices designated in section one hundred and 
three of this article, and any such locomotive or 
logging engine so reported, shall not be continued 
in service after five days notice from the Conservation 
Commission, until such defects have been remedied 
to the satisfaction of the Conservation Commission. 
(§ 105.) 

EXAMINATION OF LANDS. 

1. Private Forest or Woodland. . To the end that 
the water supply of the State may be conserved, 
the forest protected, and the public interests safe- 
guarded, the Commission may enter upon any private 
forest or woodlands for the purpose of inspection and 
examination relative to the practice of the proper 
methods of forestry-, and may thereafter advise the 
owner or occupant of such lands in respect thereto. 
(§ 88.) 



216 Conservation Law, 

EXEMPTION FROM TAXATION, REFORESTED 
LANDS. 

1. Area. The owner of any waste, denuded or 
wild forest lands of an area of five acres or upwards, 
which are unsuitable for agricultural purposes, may 
apply to the Conservation Commission to have said 
lands, or any part thereof separately classified as 
lands suitable for reforestation or under planting. 

2. Application. Such application shall contain a 
complete description of the land and shall state its 
area, character and the location thereof; shall be 
accompanied by a certifilcate of the assessors of the 
district; shall set forth the assessed valuation of 
said lands for the last five years preceding the 
said application, and if said lands have not been 
separately assessed, a sworn statement of tb.e asses- 
sors of the value of such lands, which value shall 
be at the same rate as other waste denuded or wild 
forest land in such tax district similarly situated. 

3. Examination. If it appears from such applica- 
tion and certificate or sworn statement that such 
lands are suitable for reforestation or under planting 
purposes, and have not been assessed or valued during 
period of five years next preceding the date of such 
application at an average valuation of more than 
five dollars per acre, the Commission may cause an 
examination to be made of the land for the purpose 
of determining whether or not it is of the character 
suitable to be reforested or under planted, and to be 



Conservation Law, 217 

classified as such, and if after such examination the 
Commission shall determine that such lands are 
suitable for reforestation or under planting, it may 
enter into a written agreement with the owner to 
the effect that the Commission will furnish the owner 
at a price not to exceed the cost of production, trees 
to be set out on said lands of the kind and number 
to be prescribed by the Commission, and that the 
lands will not be used for any purpose other than 
forestry purposes during the period of exemption. 

4. Certificate. The agreement shall be recorded 
in the county where the lands are situated and within 
a year the lands shall be planted by the owner with 
the number and kind of trees specified, and upon 
proof thereof to the Commission, the Commission 
may execute and file with the County Treasurer a 
certificate setting forth a description of the lands 
and that they have been separately classified for 
taxation in accordance with law, and that such lands 
shall not be assessed during the period of thirty-five 
years at a greater average valuation than the same 
lands were assessed for the last five j-ears preceding 
the date of application, and such certificate shall be 
filed by the County Treasurer with the assessors of 
each tax district, who shall enter upon their assess- 
ment rolls opposite such lands, a statement of the 
valuation at which the same shall be carried on the 
assessment rolls of the town for the period provided 
in said agreement, to-wit, thirty-five years, provided 



218 Conservation Lam 

the same be maintained for forestry purposes to til 
extent provided in the agreement between the Conser- 
vation Commission and the owner. 

5. Period. The right to such exemption from tax- 
ation shall be inviolable and irrevocable as a con- 
tract obligation of the State, so long as the owner 
of the land so planted, shall fully comply with and 
perform the conditions of such contract, not ex- 
ceeding said period of thirty-five years. (§ 89.) 

FIRES AND FIRE PROTECTIVE SYSTEM. 

(1) The Commission is directed to make and en- 
force such rules and regulations as may be necessary 
and proper for the organization, maintenance, govern- 
ment and direction of a fire protective system for 
the State. 

(2) The Commission shall divide the lands which 
are within the fire district territory (see § 97) into 
such number of suitable and convenient fire districts 
as in the judgment of the Commission may be neces- 
sary. 

(3) They shall appoint a district forest ranger 
for each of such fire districts, who shall act during 
the pleasure of the Commission. 

(4) They shall provide all proper fire-prevention 
and fire-fighting implements and apparatus; organize 
fire companies; establish observation stations and 
employ men to attend them in all fire districts 
established by the Commission; provide fire signals 



Conservation Law, 219 

and adopt a fire signal code; construct and maintain 
telephone lines and provide such other means of 
communication as shall be necessary to prevent and 
fight forest fires. 

(5) Cause such trails to be cut, ditches to be dug, 
and barriers to be erected in the forests as may be 
necessary to enable all persons quickly to reach the 
location of such fires and to prevent and fight the 
fires. (§ 91.) 

FIRE DISTRICTS. 

See District Forest Rangers, 3. 

FIRES TO CLEAR LANDS. 

1. Permission. Fallows, stumps, logs, brush, dry 
grass or fallen timber shall not be burned at any 
time in what are known as the fire towns, without 
first obtaining the written permission of the district 
forest ranger, or of the forest ranger of the district 
in which the fire is to be set. If in a locality near 
forest or woodland, the district forest ranger, or 
forest ranger shall be personally present when the 
fire is started. 

2. Starting. Such fires shall not be started dur- 
ing heavy winds, or without sufficient help to control 
the same, and the same shall be wat<;hed by the 
person setting the fire until put out. Whenever a 
fire which has been set for the purposes above speci- 
fied, is found burning upon the lands of any person 



220 Conservation Laic. 

within any of such fire towns, siicli fact shall be 
prima facie evidence that such fire was started by 
the owner or occupant tliereof. 

3. Violations. Any person who violates any of 
the above provisions is guilty of a misdemeanor, and 
in addition thereto, is liable to a penalty of not 
less than fifty dollars nor more than three hundred 
dollars. (See § 97, subd. 1.) 

FIRE TOWNS. 

The following is a list of the towns known as the 
fire towns: All the towns in Hamilton county; the 
tov/ns of Altona, Au Sable, Black Brook, Dannemora, 
Ellenburg and Saranac, Clinton county; the towns 
of Andes, Colchester, Hancock and Middletown, Dela- 
ware county; the towns of Chesterfield, Elizabeth- 
town, Jay, Keene, LcAvis, Minerva, Moriah, Newcomh, 
North Elba, North Hudson, Saint Armand, Schroon 
and Wilmington, Essex county; the towns of Alta- 
mont, Belmont, Brighton, Duane, Franklin, Harrietts- 
town, Santa Clara and Waverly, Franklin county; 
the towns of Bleecker, Caroga, Mayfield and Strat- 
ford, Fulton county: the towns of Hunter, Jewett, 
Lexington and Windham, Greene county ; the towns 
of Ohio, Russia, Salisbury, Webb and Wilraurt, 
Herkimer county ; the towns of Crogan, Diana, Oreig, 
Lyonsdale and Watson, Lewis county ; the towns of 
Forestport and Eemsen, Oneida county; the to^^^l9 
of Corinth, Day, Edinburgh and Hadley, Saratoga 



Conservation Law. 221 

county; the towns of Clare, Clifton, Colton, Fine, 
Hopkinton, Parisliville, Pierceville, Pitcairn, St. Law- 
rence county; the towns of Neversink and Rockland, 
Sullivan county; the towais of Denning, Gardiner, 
Hardenburg, Olive, Rochester, Shandaken, Shawan- 
gunk, Warwarsing and Woodstock, Ulster County; the 
towns of Bolton, Caldw^ell, Chester, Hague, Iloricon, 
Johnsburg, Luzerne, Queensbury, Stone Creek, Thur- 
nian and Warrenburg, Warren county; the towns of 
Dresden, Fort Ann and Putnam, Washington county. 
(See § 97, subd. 2.) 

FIRE WARDENS. 

1. Foremen. Men may be employed by a district 
forest ranger, a forest ranger, a game protector or 
any other officer charged with the duty of lighting 
fires, as foreman, and who shall be known as fire 
Avardens, and such foremen shall be charged with the 
duty of directing the work of men who are actually 
engaged in fighting forest fires. (§ 92, subd. 2.) 

2. Special Fire Wardens. Where owners of wood- 
lands, or any organization, shall maintain a fire 
patrol for protection of woodlands, the Commission 
may designate such patrolman as special fire warden 
and give to him, for the protection of lands patrolled 
by him or adjacent thereto, all rights and powers 
of forest rangers as provided for in the act; but 
such special fire warden shall be paid wholly by such 
owners or organizations. (§ 93.) 



222 Conservation Laio, 

FIGHTING FIRES, EXPENSE, HOW PAID. 

1. State Charge. All salaries, costs and expenses 
incurred by the Commission and its appointees in 
the performance of their duties in connection witii 
the fire protective system, shall be a State charge, 
and shall be paid by the State, except the wages, 
expenses and keeping of the fire wardens and men 
summoned or employed to fight forest fires actually 
burning. (§ 94, subd. 1.) 

2. Town and State. The wages, expenses and 
keeping of fire' wardens, men and teams summoned 
or employed to fight forest fires actually burning, 
shall be fixed and paid by the Commission, and the 
labor reckoned and paid by the hour, which shall 
not exceed the rate of fifteen cents for each hour 
employed, except fire wardens who shall be paid 
twenty-five cents for each hour employed. (Subd. 1.) 
The Commission shall keep an accurate account of, 
and pay the wages and expense of keeping fire ward- 
ens and men, teams, tools, implements and equipment 
employed in fighting forest fires actually burning. 
One-half of the expense thereof shall be a charge upon 
and shall be paid by the State, and the remaining 
one-half a charge upon and shall be paid by the town 
in which the fire wardens and men so employed were 
actually engaged in fighting fires, and the board of 
supervisors of the county shall levy upon the town 
in which the fires occurred, such one-half of such 
expenses, and when the amount thereof shall be 



Conservation Law. 223 

raised and collected, the same shall be paid over by 
the to'>vn to the Commission on or before the first 
of May following such levy. (§ 94.) 

3. Private Expense. If any person incurs ex- 
pense in preventing or fighting forest fires, the Com- 
mission may upon satisfactory proof being made to 
it, within thirty days after the expense is incurred 
for the work performed, audit and pay the whole 
or any part thereof as the public interests require, 
one-half to be rebated by the town as hereinbefore 
provided. (§ 94.) 

FIGHTING FIRES, ADVANCES FOR. 

See Advances. 

FIRE ACCOUNTS. 

See Auditor. 

FIRE INSPECTORS. 

See Fire Inspectors; Railroads (§ 104), 

FIRES, SETTING SAME. 
1. Without Permission. Any person who sets fire 
to waste or forest lands, except as provided by sec- 
tion ninety-seven of this chapter, or who negligently 
suffers a fire to extend from his own lands to any 
other lands whereby property is damaged to the value 
of twenty-five dollars and upwards, is guilty of a 



224 Conservation Law. 

felony; if less than twenty-five dollars, is guilty of 
a misdemeanor. Such person shall also be liable to 
the State for any damages caused to State lands, 
by such wrongful act, and to a penalty of ten 
dollars for each and every tree so killed or 
destroyed, and shall be liable to any person or muni- 
cipality for any damages caused to such person or 
municipality by such wrongful act, and the person 
or municipality so injured, however distant from the 
place where such fire was set and notwithstanding 
the same may have burned over and across several 
separate and distinct tracts, parcels or ownership of 
land, may, at his option, sue for and recover actual 
damages, or damages at the rate of one dollar for 
each trea killed. 

2. Damages. Damages to state lands shall be 
ascertained and determined by the value of the 
timber thereon, taken at the value the said timber 
would have if the said lands were owned by private 
individuals. 

3. Wilful Negligence. The fact that any fire 
started on, or extended over from lands or rights of 
way owned or leased or used by any railroad com- 
pany, or by any other person using, manufacturing 
or producing any coal, wood, oil or other fuel or any 
inflammable material thereon for other than domestic 
purposes, shall be prima facie evidence that the 
said fire was set or started thereon, or suffered to 



Conservation Law. 225 

extend therefrom, by tlie wilful negligence of the 
said person or railroad comp£tny. 

4. Money Recovery. Any moneys necessarily ex- 
pended by the State, municipality, or other person, 
in fighting fires upon waste or forest lands may be 
sued for by the State, municipality, or person ex- 
pending the moneys, and recovered from the person 
causing the fires as single damages, in addition to 
the damage or damages at the rate of one dollar, 
and in additioh to the penalty or penalties of ten 
dollars, for each tree killed, provided for as afore- 
said. (§ 98.) 

5. Fine and Imprisonment, (a) Every person 
who shall kindle a fire on or near forest or brush 
land and leave it unquenched, or be a party thereto, 
or who shall set fire to brush, stumps, drj^ grass, 
field stubble or other material on or near such forest 
or brush larlds and fail to extinguish the same be- 
fore it has endangered the property of another; 
(b) every person wlio shall negligently or carelessly 
set on fire, or cause to be set on fire, any woods, 
grass or other combustible material, whether on his 
own land or not, by means whereof the property of 
another shall be endangered, or who shall negligently 
suffer any fire upon his own lailds to extend beyond 
the limits thereof; (c) every person who shall use 
other than incombustible gunwads or carry a naked 
torch, firebrand or exposed light in or near forest 
or woodland, or who, in the vicinity of such land. 



^26 Conservation Law. 

shall throw or drop into combustible material any 
burning match^ ashes or pipe, liglited cigar or cigar- 
ette, or any other burning substance, and who fails 
to immediately extinguish the same, and (d) every 
person who shall deface, destroy or remove any law,- 4 
rule or notice posted under this chapter, shall be 
guilty of a misdemeanor punishable by a fine of not 
less than ten dollars and not exceeding twenty-five 
dollars and costs of prosecution, or by imprisonment 
in the county jail not exceeding ninety days, or by 
both such fine and imprisonment. (§ 99.) 

FOREST PATHOLOGIST. ' 

1. Tree Disease. The commission may appoint a 
forest pathologist, who shall make examination of ■ 
forest trees with respect to disease, and make re- 
ports of the results of such examinations to the 
Commission, and the Commission shall have power 
to advise as to the proper disposal of any infected 
tree or infectious substance which is liable to spread 
and cause the spread of any injurious tree disease. 
(§ 61.) 

FOREST PRESERVE. 
1. Extent. The Forest Preserve as now consti- 
tuted, consists of all lands owned by the State within 
the counties known as the forest preserve counties, 
which are sixteen in number, twelve in the Adiron- 
dack and four in the Catskill region. Lands within 
the limits of any village or city, and lands not wild 



Conservation Law. 227 

lands which have been acquired by tlie State on fore- 
closure of mortgage made to Loan Commissioners, 
are excepted. (§ 50.) 

FOREST PRESERVE COUNTIES. 

1. Defined. Section 109. 

FOREST PRODUCTS. 

See Statistics. (§ 108.) 

FORESTERS 

See Superixtexdext of Forests, Assistant Supee- 
intexdext, axd foresters. ( § 60. ) 

FOREST RANGERS. 
1. Duties. The commission shall employ such 
number of suitable persons as may be necessary, to 
be known as forest rangers, to remain within and 
patrol one or more fire districts, and to prevent and 
extinguish any fires started therein, and to perform 
such other duties as the Commission may prescribe. 
Fach forest ranger so employed, may be supplied with 
tents, camps, fire fighting implements, food and cook- 
ing utensils, as in the judgment of the Commission 
may be necessary, and shall be furnished with a 
copy of the rules and regulations adopted by the 
Commission for preventing and fighting forest fires, 
and such forest ranger shall at all times strictly 



228 Conservation Law, 

observe and comply with such rules and regulations. 
A forest ranger has the same authority to employ 
men and teams, and to incur necessary expenses, and 
to summon persons to assist in fighting forest fires, 
as the district forest ranger. (§ 92, subd. 2.) 

2. Reports. Each forest ranger shall make a re- 
port to the district forest ranger of the district in 
which he is employed, of every fire which is started 
or burns Avithin his fire district, stating the cause 
and source of such fire, the extent and character of 
the land burned over and the means used for fighting 
the fire. (§ 92, subd. 4.) ^| 

3. Power to Arrest. Forest rangers have the 
power to arrest without warrant, any person detected 
in trespassing on State lands, and shall take such 
person immediately before a magistrate having jur- 
isdiction, for examination or trial, and shall im- 
mediately report such action to the Corpmission. 
(§ 63.) ^ 

GOVERNOR. 
See Proclamation. (§ 107.) 

INFECTED TREES. 

See Forest Pathologist. (§ 61.) 

INSPECTORS AND VISITATION. 

See Scenic, Scientific and Historic Associations. 



Conservation Law. 22Ql 

JUDGMENTS. 
1. How Enforced. Judgments recovered may be 
enforced against the person as provided by the Code 
of Civil Procedure. A person taken into custody upon 
such an execution shall not be admitted to the 
liberties of the jail, and shall be confined for not 
less than one day, and at the rate of one day for 
each dollar of the amount of the judgment recovered. 
(§ 28.) 

JURISDICTION. 

See Court; Jurisdiction in Criminal Cases. 

LIMBS AND BRANCHES. 

1. Lopping. Every person who shall cut or cause 
to be cut, or permit to be cut, any evergreen trees 
for sale or other purposes, shall cut off or lop, or 
cause to be cut off or lopped from the said trees 
at the time of cutting of said trees, all limbs or 
branches thereof, unless the said trees be cut for sale 
and use with the branches thereon, or for use with 
the branches thereon. 

(Note.) This regulation applies to the entire 
county of Hamilton and to the "fire towns'' so 
called, which are eighty-eight in number, nineteen 
in the Catskill region and sixty-nine in the Adiron- 
dack region. (§ 90.) For the names of the so- 
called " fire towns," see § 97. 



Q30 Conservation Law. 

LOGGING ENGINES. 
See Engines and Public Service Commission, 3.j 

LOPPING OF LIMBS. 

See Limbs and BRANcnEs. ( § 90. ) 

MISDEMEANORS. 
I. Punishment therefor. Persons convicted of a 
misdemeanor under tliis chapter shall, except as 
otherwise provided herein, be punislied by a fine of 
not less than ten dollars, nor more than one dollar, 
or by imprisonment in the county jail or penitentiary 
for not less than one day nor more than one day for 
every dollar of such fine, or by both such fine and 
imprisonment. ( § 32 ) . 

NURSERIES. 

See Reforestation ; Powers of Commission. (§ 62.) 

PALISADES INTER-STATE PARK. 

1. Co-operation. The conservation commission is 
authorized to co-operate with the Commissioners of 
the Palisades Inter-State Park in the joint employ- 
ment of wardens, foresters and keepers for the mutual 
protection of the lands under the jurisdiction of the 
respective commissions, and for the preservation of 
the forests thereon and of the fish and game therein. 
(§ 55, subd. 11.) 



Conservation Laic. 231 

PARTITION. 

1. Rights. Whenever the state owns an un- 
divided interest in common with any other person, 
an action to partition the same may- be brought by 
the Attorney-General upon the order of the Com- 
mission. 

2. Co-tenants. The co-tenant may also maintain 
an action for such partition on the written consent 
of the Conservation Commission. In an action of 
partition such lands may not be sold, but shallbe 
actually partitioned between the respective Owners. 
Xo costs shall be allowed against the State in such 
action. (§ 65.) 

PENALTIES. 
1. Application of Moneys. Moneys received in 
actions for penalties brought nnder article four of 
this chapter, shall be paid to the Commission, who 
shall apply so much thereof as ma}^ be necessary 
to the payment of the expenses of collection. The 
balance of such receipts shall be available for enforc- 
ing the various provisions of law for the protection 
of forests against fire. (§ 30.) 

See also Action for PexaitieS. (§ 26.) 

PROCLAMATION BY GOVERNOR. 

1. Times of Drouth. Whenever by reason of 
drouth or other cause, which shall be dangerous to 
the forests of the State, or for other reason contrary 



2§? , Conservatipn Law, 

to the public interest, for any person or persons to 
enter any portion of the lands w itliin the forest pre- 
serve counties of the State for the purpose of camp- 
ing, fishing or hunting, or for any of the other 
purposes speciiied in section 107 of this chapter, 
the Governor shall have authority to forbid by proc- 
lamation ar.y person or persons from entering such 
lands for such purposes. 

2. Publication. The proclamation must be pub- 
lished and wide notice given of its contents. Any 
person violating the provisions of such proclamation 
shall be guilty of a misdemeanor and subject to a 
fine of one hundred dollars, or imprisonment for 
thirty days, or both, in addition to penalties pro- 
vided for taking fish, fowls, birds or quadrupeds in 
the closed season. {§ 107.) 

PUBLIC SERVICE COMMISSION. 

1. Precautions against Fires. The public service 
Commission must upon request of the Conservation 
Commission, and on notice to the person or com- 
panies affected, require any person, railroad company 
or other company having a railroad running through 
forest lands, to adopt such devices and precautions 
against setting fire upon its line in such forest lands 
as the public interest requires. The Supreme Court 
may on notice enforce compliance with any such 
order of the Public Service Commission. (§ 103, 
Bubd. 2.) 



Conservation Law. 233- 

2. Penalty. Any railroad company failing to 
comply with any order of the Public Service Commis- 
sion shall be liable to a penalty. (§ 103, subd. 4.) 

3. Powers. The Public Service Commission is 
clothed with the power of determining whether the 
fire protective devices on any locomotive or logging 
engine rejected from service by the Conservation Com- 
mission were properly rejected. (§ 105.) 

RAILROADS. 

I. FIRE PATROL. 

(a) Within Forest Preserve Counties. 

1. Common Carriers. All railroads operating as 
common carriers through lands in the forest preserve 
counties of the State, shall, at their own expense, 
organize and maintain a competent and sufficient 
lire patrol to protect the forests from fires, and shall 
file with the Commission on or before April first, 
a statement showing the names and addresses of the 
persons employed on such patrol, and unless other- 
wise directed by the Commission, such patrol may 
be maintained continuously from April first to 
November first, and at such other times as the 
Commission may direct. 

2. Commission May Organize. If such railroads do 
not organize and maintain such fire patrols, the 



2134 Conservation Law, 

Commission may do so under such rules and regula- 
tions as the Commission may deem proper. 

3. Account to be Rendered. The commission 
shall keep an account of the costs of organizing and 
maintaining such fire patrol along the line of any 
such railroad and the cost thereof shall be paid to 
the Commission by the railroad on the first of De- 
cember in each year. 

4. Reports. Any person employed upon a fire 
patrol of such railroads, shall immediately report to 
the Commission every fire within his line of patrol 
which started upon the line of the railroad, or waste 
lands adjacent thereto, setting forth the origin of 
such fire and the extent and character of the land 
burned over. Such report shall be verified. The per- 
son who fails to make such report immediately, shall 
be liable to a fine of twenty-five dollars. (§ 101.) 

(b) Outside Forest Preserve Couxties. 

1. Danger of Fires. When in the judgment of 
the Commission there is danger of the spreading of 
fires from locomotives in operating through any 
wooded or forest lands outside the forest preserve 
counties, the Commission may order such railroad 
company to provide patrolmen to patrol the right 
of way and lands adjacent thereto. 

2. Notice to Company. When the commission has 
notified a railroad company to provide such patrol, 
the railroad company shall immediately comply with 



Conservation Law. 235 

such instruction, and upon failure so to do, the Com- 
mission may then organize and maintain such patrol. 
3. Cost and Penalty. The cost of organizing and 
maintaining such fire patrol shall be paid to the 
Commission in December of each year by such rail- 
road company. (§ 102.) 

II. CLEARING RIGHT OF WAY. 

1. Grass and Brush. Every railroad company 
and every person operating a logging railroad in 
any part of the State, shall, on such part of its road 
as passes through forest land, or land subject to 
fire from any cause, cut and remove from its right 
of way along such lands, all grass, brush or other 
inflammable materials, whenever required by the Com- 
mission. Each locomotive shall be provided with a 
practicable and efficient spark a.rresting device and 
adequate device to prevent the escape of fires from 
ash pans and furnaces. All such devices shall be 
approved by the Public Service Commission. 

2. Supt. of Motive Power. The superintendent of 
motive power of a railroad acting as common carrier, 
shall designate an employee of such railroad at each 
division point or round house, who shall examine each 
locomotive each time it leaves the division point 
or round house, between March first and December 
first, and report the condition of said device. Such 
report to be kept on file for exaraination of inspectors 
and employees of the Conservation Commission. 



§36 Conservation Law. 



I 



3. Coals and Ashes. No railroad company acting 
as a common carrier, or employee thereof, shall de- 
posit fire, coals or ashes on its tracks or right of way 
near forest lands. 

4. Reports. Engineers, conductors or trainmen 
discovering or knowing of fires along or near the 
right of way, shall report the same at the first sta- 
tion to the station agent, and such agent shall forth- 
with notify the nearest fire warden, forest ranger or 
district forest ranger, and use all necessary means 
to extinguish the same. 

5. Penalties. Penalty provided, one hundred dol- 
lars for every violation. 

6. "Logging Pvoads" defined. (§ 103.) 

FIRE INSPECTORS. 

1. Number. The commission shall divide the state 
into two districts and appoint one chief fire inspector 
for each district and such other fire inspectors, not 
exceeding four, as may be necessary during the 
seasons of the year when forest fires occur. 

2. Duties. iSucli inspectors shall serve along the 
lines of steam and logging railroads and shall in- 
spect, all such railroads, and the locomotives and 
logging engines thereon, and report the same to the 
Commission, and perform such other duties as the 
superintendent of forests or the Commission may 
direct. {§ 104.) 



Conservation Law. 237 

RECOMMENDATIONS TO STATE INSTITUTIONS 

1. Examinations. The conservation commission 
may make examinations of lands of the State used 
in connection with State institutions, at least once 
a year, and at sucli other times as the officer having 
jurisdiction over such institutions may require, and 
report the result of such examinations and make 
recommendations thereupon, and give advice in refer- 
ence to the protection and improvement of the forest 
and sliade trees. 

2. Officers. The managing officer of such insti- 
tution shall transmit such information in relation 
to such lands as may be required by the Conservation 
Commission and render such other assistance as the 
Conservation Commission shall require. {§ 59.) 

REFORESTATION, POWERS OF COMMISSION. 
1. Nurseries. The commission is given power to 
establish nurseries for the propagation of trees for 
the purpose of reforesting lands within the State, 
and may purchase trees for such purpose. Such 
trees may be used for reforesting any lands in the 
forest preserve and any of the public parks or lands 
of the State wherever situate; they may be given 
away to State institutions, and to the institutions 
mentioned in section fifty-six, v^rhich have the care 
and custody of public parks and places acquired by 
the State for scenic, scientific or historic purposes, 
or, with the consent of the tribes, may be used for 



238 Conservation Law. 



1 



reforesting lands located within the Indian reserva- 
tions. Such stock may be sold to private individuals 
and municipalities at not to exceed the cost of pro- 
duction. The Commission may also propagate other 
trees or shrubs for the use of State institutions or 
for planting along improved highways. 

2. Convicts. With the approval of the superin- 
tendent of prisons the Commission may use the con- 
victs of any penal institution for the purpose of 
propagating trees or for field planting. 

3. Transportation of Stock. , Common carriers 
may transport such stock from nurseries free of 
charge, or at a rate lower than the established tariff 
rate. (§ 62.) 

ROADS FOR REMOVING TIMBER. 

1. May be Cut. For the purpose of removing 
trees and timber from lands upon which the timber 
has been reserved, the owner, under the supervision 
of the Commission, may cut such roads, through 
or across such lands and through and across the 
excepted strip of twentj^ rods adjoining any lake, 
pond or river as may be necessary to remove the 
timber so reserved, but in constructing such roads, 
only such trees shall be cut as are within the limits 
of such roads. 

2. Down Timber. The Commission may permit 
the use of any dead, down or otl^.er necessary timber 
for the construction only of roads, skidways, lumber 
camps or for fuel. (§ 76.) 



Conservation Law, 239 

RULES AND REGULATIONS. 

L Any person who violates any provisions of any 
rule or regulation issued by the Commission for the 
enforcement of the provisions of article IV of this 
chapter, shall be guilty of a misdemeanor, and upon 
conviction shall be subject to a fine of not to exceed 
one hundred dollars or imprisonment for not more 
than thirty days, or by both such fine and imprison- 
ment. (§ 33.) 

ST. LAV7RENCE RESERVATION. 

1. Includes all of the St. Lawrence river within 
the State of New York, with the islands therein, 
and all that portion of Lake Ontario adjacent to 
Jefl*erson county, including Chaumont bay, Guffins 
bay, Black River bay and Henderson bay with the 
islands therein, and such lands along the shore as 
are now owned by the State. (§ 53.) 

STATISTICS OF FOREST PRODUCTS. 

1. Reports. The superintendent of forests shall 
report annually to the Commission, on blanks to be 
furnished by the Commission, the amount of the lum- 
ber manufactured and wood used for commercial pur- 
poses from timber grown in the State. Manufactur- 
ers of lumber and consumers of round timber or 
wood used for commercial purposes, shall report to 
tlie Commission annually the amount of round timber 
and wood used, or lumber manufactured during the 
year. Any manufacturer of lumber or user of round 



240 rCfinservation Law. 

wood or timber from trees grown in this State, who 
neglects or refuses to give such information after re- 
quest, shall be liable to a penalty of one hundred 
dollars. (§ 108.) 

STEAM SAW MILLS. 
1. Fire Protective Devices on Portable Saw Mills, 
Engines and Boilers. No person shall operate any 
donkey, traction, or portable engine, portable steam ■ 
saw mill, or any other engine, boiler or locomotive, 
which does not burn oil as fuel, in, through or near 
forest or brush land in the forest preserve counties, 
unless the same is provided with a screen or wire B I 
netting so constructed as to give the most practical 
protection against the escape of sparks and cinders 
from the smoke stack thereof, and the most practical | 
device to prevent the escape of fire from ash pans 
and fire boxes. Penalty one hundred dollars for every 
violation. (§ 106.) 

SCENIC, SCIENTIFIC AND HISTORIC ASSOCIA- 
TIONS. 
1. Inspection. The Commission may visit and in- 
spect all public parks, places and reservations ac- 
quired by the State for scenic, scientific or historic 
purposes, or for the preservation, protection and 
conservation of the lands, forests and waters of the 
State, or for public health or recreation, the custody 



Conservation Law. 241 

of which has not been committed to any other State 
officer or State officers. 

The Conservation Commission may inquire into the 
care and management of any association having the 
custody of any such public parks or reservations, or 
which receive and disburse State moneys for any of 
such purposes. The work of such inspection relates 
to the general administrative duties of such associa- 
tions and to their care in the protection and preserva- 
tion of tlie property of the State, and in the receipt 
and expenditures of moneys received by them. (§ 5G.) 

2. Information. The Conservation Commission, or 
any member or officer thereof may require the officers 
in charge of such institutions, to furnish the in- 
formation desired, and if refused, may take legal 
steps to procure the same. 

The Commission shall report to the Legislature 
the result of such inquiries, with the conclusions arid 
recommendations of the Commission relating to the 
same. (§ 57.) 

3. Powers. The Commission on such visits of 
inspection, shall ascertain the merits of all requests 
on the part of such body for State aid; the sources 
and the amount of money received by them and the 
expenditure of the same; the condition of the prop- 
erty under the control of such bodies and whether 
the rules and regulations of the Commission and the 
laws of the State are being complied with. ( § 58. ) 



242 ' Conservation Law. 

SETTLEMENT OF ACTIONS. 

See Compromise of Suits axd Prosecutioxs. 
(§§ 0,64.) 



SUITS AND PROSECUTIONS. 

1. Attorney General. The Attorney General shall 
conduct all prosecutions for penalties imposed by the 
Conservation Law, and bring all actions, suits and 
proceedings which the Commission is authorized to 
institute and maintain, and defend all actions brought 
against the Commission. (§9.) 

2. Compromise. The Commission may in its dis- 
cretion settle and compromise any suits or special 
proceedings authorized by section 64, but no settle- 
ment or compromise which shall affect the title to 
lands of the State, shall be made without the ap- 
proval of the Governor (§ 64), and no discontinue 
ance of any such action or suit shall be made with- 
out formal application to the court, and the permis- 
sion of the court thereon, on which application all 
the terms and conditions of the settlement shall be 
fully stated in writing and the reasons therefor set 
forth at length. (§9.) 

SUPERINTENDENT OF FORESTS, ASSISTANT 
SUPERINTENDENT AND FORESTERS. 
1. Powers and Duties. The Commission is au- 
thorized to appoint a superintendent of forests, an 
assistant superintendent of forests and necessary 
State foresters. The superintendent of forests, and 



Conservation Law, 243 

in his absence, the assistant superintendent, is given 
general supervision of the forest preserve and tlie 
forestry interests of the State, and the power to 
enforce all laws and regulations for the protection 
and preservation of the forest preserve and the public 
parks desc'ibed in the act. The foresters shall per* 
form such duties as may be prescribed by the Com 
mission. (§ GO.) 

TAXATION. 
See Exemption from Taxation, Reforested Lands. 

(§89.) 

TITLE TO LANDS. 

1. Perfecting Same. The Commission may take 
such measures as may be deemed necessary or proper 
to perfect the title to any lands in the forest pre- 
serve counties held by the State, and for that purpose 
may pay and discharge any valid lien or incumbrance 
upon such lands, or may acquire any outstanding or 
apparent right, claim or interest which in its judg- 
ment constitutes a cloud on such title. (§ 81.) 

TRESPASS. 

1. Causes. Actions may be brought, on the order 
of the Commission, in the name of the people, 
(a) to recover damages for trespass or waste on 
lands owned by the State, or to prevent trespass 
or injury thereto, with relief by temporary or final 



244 Conservation Law, 

injunction; or, (b) to recover tlie possession of any 
such lands. 

2. Penalty. A person uho commits a trespass by 
cutting and carrying away trees or timber from 
State lands, is guilty of a misdemeanor if the value 
thereof is less than twenty-five dollars; but if the 
value thereof is twenty-five dollars or upwards, such 
person is guilty of a felony; and is also liable to 
a penalty of ten dollars for each tree cut, taken 
away or destroyed. 

3. Warrant. Any person detected in so trespass- 
ing may be arrested without a warrant by the officials 
of the Conservation Commission and taken before a 
magistrate having jurisdiction, for examination or 
trial. (§ 63.) 

4. Crossing Lands. An action of trespass shall 
not lie against persons crossing or -working upon 
lands of another to prevent or fight fires or perform- 
ing any other duties required by this chapter. ( § 92, 
subd. 3.) 

WITNESSES. 
1. Not excused from testifying. No person shall 
be excused from testifying or producing any books, 
papers or other documents in any civil or criminal 
action or proceeding, taken or had under this chapter, 
upon the ground that his testimony might tend to 
convict him of a crime or to subject him to a penalty 
or forfeiture. (§ 35.) 



I 



MISCELLANEOUS STATUTES 

RELATING TO LANDS 

AND FORESTS. 



CHAPTER 249. 

AN ACT to amend the tax law, in relation to the 
exemption and reduction in assessment of lands 
which have been planted with trees for forestry 
purposes. 

Became a law April 10, 1912, with the approval of the 
Governor. 

The People of the State of 'New York, represented 
in Senate and Assembly, do enact as follows: 

Section 1. Article one of chapter sixty-two of the 
laws of nineteen hundred and nine, entitled "An act 
in relation to taxation, constituting chapter sixty 
of the consolidated laws," is hereby amended by 
adding at the end a new section to be section six- 
teen, and to read as follows: 

§ 16. Exemption and reduction in assessment of 
lands planted with trees for forestry purposes. 
Whenever the owner of lands, to the extent of one 
or more acres and not exceeding one hundred acres, 
shall plant the same for forestry purposes with trees 

[245] 



246 Miscellaneous Statutes. 



1 



to the number of not less than eight hundred to the 
acre, and whenever the owner of existing forest or 
brush lands to the extent of one or more acres and 
not exceeding one hundred acres, shall underplant 
the same with trees, to the number of not less than 
three hundred to the acre, and proof of that fact 
shall be filed with the assessors of the tax district 
or districts in which such lands are situated as here- 
inafter provided, such lands so forested shall be ex- 
empt from assessment and taxation for any purpose 
for a period of thirty-five years from the date of 
the levying of taxes thereon immediately following 
such planting, and such existing forest or brush lands 
so underplanted shall be assessed at the rate of 
fifty per centum of the assessable valuation of such 
land exclusive of any forest growth thereon for a 
period of thirty-five years from the date of the levy- 
ing of taxes thereon immediately following such 
underplanting. The owner or owners of lands 
forested as above provided, in order to secure the 
benefits of this section, shall file with the conserva- 
tion commission an affidavit making the due proof 
of such planting or underplanting and setting forth 
an accurate description of such lands, the town and 
county in which the same are situated, the number 
of trees planted or underplanted to the acre and the 
number of acres so forested, which affidavit shall re- 
main on file in the office of said commission. Upon 
the filing of such affidavit it shall be the duty of 



Miscellaneous Statutes. 247 

the conservation commission to cause an inspection 
of such forested lands to be made by a competent 
forester or other employee of said commission who 
shall make and file with said commission a written 
report of such inspection. If the commission is 
satisfied from the said affidavit and the report of 
inspection that the lands have been forested as above 
provided, in good faith and by adequate methods to 
produce a forest plantation, and are entitled to the 
exemption of assessment or to a reduction of assess- 
ment as provided in this section, it shall make and 
execute a certificate under the seal of its office, and 
file the same with the county treasurer of the county 
in which the lands so forested are located, which cer- 
tificate shall set forth a description of the lands 
affected by this section, the area and owner or owners 
thereof, the town or towns in v/hich the same are 
situated, the description upon the last assessment- 
roll which included said lands, the period of exemp- 
tion or of reduction of assessment to which such 
lands are entitled and the date of the expiration of 
such exemption or reduction of assessment. Upon 
the filing of such certificate it shall be the duty of 
the county treasurer to file with the assessors of the 
tax district in which the lands described therein ar6 
located within ten days after the receipt thereof a 
certified copy of such certificate, and the assessors 
of such tax district shall place the lands according 
lo the description contained in said certificate upon 



248 Miscellaneous Statutes. 

the next assessment-roll prepared for the assessment 
of lands within such tax district, and shall exempt, 
or reduce the assessment upon, the lands so described 
as hereinbefore provided, and shall insert upon the 
margin of said assessment-roll opposite the descrip- 
tion of said lands, a statement that in accordance 
with the provisions of this section of the tax law 
said lands are exempt from taxation or that the 
assessment thereof is reduced fifty per centum as 
the case may be and insert also in the margin the 
date of the expiration of such exemption -or reduc- 
tion of assessment and such lands shall continue to 
be exempted, assessed and carried in such manner 
upon the assessment-rolls of such town until the 
date of the expiration of such exemption or reduc- 
tion of assessment. Lands which have been forested 
as above provided within three years prior to the 
taking effect of this section may come within its 
provisions if application therefor is made to the con- 
servation commission within one year from the time 
vvhen this section takes effect, but except as provided 
by this section the period of exemption or reduction 
as certified to by the conservation commission shall 
not exceed the period of thirty-five years from the 
date of the original planting. Lands situated within 
twenty miles of the corporate limits of a city of the 
first class, or within ten miles of the corporate 
limits of a city of the second class, or within five 
miles of the corporate limits of a city of the third 



Miscellaneous Statutes. 249 

class, or within one mile of the corporate limits of 
an incorporated village shall not be entitled to the 
exemption or reduction of assessment provided for 
by this section. In the event that hinds exempted 
or reduced in taxation as above provided shall, by 
act of tlie owner or otherwise, at any time during 
the period of exemption or reduction in taxation 
cease to be used exclusively as a forest plantation 
to the extent provided by this section to entitle 
such land to the privileges of this section, the said 
exemption and reduction in taxation provided for 
in this section shall no longer apply and the 
assessors having jurisdiction are hereby empowered 
and directed to assess the said land at the value 
and in the manner provided by the tax law for the 
general assessment of land. If any land exempted 
under this section continues to be used exclusively 
for the growth of a planted forest after the expira- 
tion of the period of exemption provided hereby, 
the land shall be assessed at its true value and the 
timber growth thereon shall be exempt from taxa- 
tion, except if such timber shall be cut befor-e the 
land has been duly assessed and taxes regularly paid 
for five consecutive years after the exemption period 
has expired, such timber growth shall be subject to 
a tax of five per centum of the estimated stumpage 
value at the time of cutting, unless such cuttings 
are thinnings for stimulating growth and have been 
made under the supervision of the conservation com- 



250 Miscellaneous Statutes. 

mission. Whenever the owner shall propose to make 
any cutting of such timber growth for a purpose 
other than for thinning as above provided, he shall 
give thirty days' notice to the assessors of the tax 
district on which the land is located, who shall 
forthwith assess the stumpage value of such proposed 
cutting, and such owner shall pay to the collector 
of the town in which such land is situated before 
cutting such timber five per centum of such assessed 
valuation. If such owner shall fail to give such 
notice and pay such taxes he shall be liable to a 
penalty of three times the amount of such tax, and 
the supervisor of the town may bring an action to 
recover the same for the benefit of the town in any 
court of competent jurisdiction. 
,. § 2. This act shall take effect immediately. 



Miscellaneous Siatutes. 251 



CHAPTER 363. 

AN ACT to amend the tax law, in relation to the 
exemption and reduction in assessment of lands 
which shall be maintained as wood lots and to 
encourage the growth of trees for such purposes. 

Became a law April 15, 1912, with the approval of the 
Governor. 

The People of the State of New Yorh, represented 
in Senate and Assembly, do enact as follows: 

Section 1. Article one of chapter sixty-two of the 
laws of nineteen hundred and nine, entitled "An 
act in relation to taxation, constituting chapter 
sixty of the consolidated laws," is hereby amended 
by adding at the end a new section, to be section 
seventeen, and to read as follows: 

§ 17. Exemption and reduction in assessment of 
lands maintained as wood lots and to encourage, the 
growth of trees for such purposes. In order to en- 
courage the maintenance of wood lots by private 
owners and the practice of forestry in the manage- 
ment thereof, the owner of any tract of land in the 
state, not exceeding fifty acres, which is occupied 
by a natural or planted growth of trees, or by both, 
which shall not be situated within twenty miles of 
the corporate limits of a city of the first class, nor 
within ten miles of the corporate limits of a city 



252 Miscellaneous Statutes, 

of the second class, nor within five miles of the cor- 
porate limits of a city of the third class, nor within 
one mile of the corporate limits of an incorjiorated 
village, may apply to the conservation commission 
iii iTiahner and form to be prescribed by it, to have 
such land separately classified for taxation. Appli- 
cation for such classification shall be made in dupli- 
cate and accompanied by a plot and description of 
the land, and such other information as the com- 
nlission may require. Upon the filing of such appli- 
cation it shall be the duty of the commission to 
cause an inspection of such land to be made by a 
competent forester for the purpose of determining™' 
whether or not it is of a suitable character to be so 
classified. If the commission shall determine that 
such land is suitable to be so classified, it shall sub- 
mit to the owner a plan for the further management 
of said land and trees and shall make and execute 
a certificate under the seal of the commission and 
file the same with the county treasurer of theB 
county in which the land is located, which certifi- 
cate shall set forth a description and plot of the 
land so classified, the area and owner thereof, the 
towii or towns in which the same is situated, and 
that the land has been separately classified for taxa» 
tion in accordance with the provisions of this section. 
Upon the filing of such certificate it shall be the 
duty of the county treasurer to file with the assessors 
of the tax district in which the land described 



Miscellaneous Statutes. 253 

therein is located, within ten days after receipt 
thereof, a certilled copy of such certificate. So long 
as the land so classified is maintained as a wood lot, 
and the owner thereof faithfully complies with all the 
provisions of this section and the instructions of the 
commission, it shall be assessed at not to exceed 
ten dollars per acre and taxed annually on that 
basis. In fixing the value of said lands for assess- 
ment, the assessors shall in no case take into account 
the value of the trees growing thereon, and said 
land shall not be assessed at a value greater than 
other similar lands within the same tax district, 
which contain no forest or tree growth, are assessed. 
The assessors of each tax district where said land 
so classified is located shall insert upon the margin 
of said assessment and opposite the description of 
such land a statement that said land is assessed in 
accordance with the provisions of this section. In 
the event that land so classified as above prescribed 
shall at any time by act of the owner or otherwise 
cease, in the judgment of the commission, to be used 
exclusively as a wood lot to the extent provided by 
this section to entitle the owner of such land to the 
privileges of this section, the exemption and valua- 
tion in taxation provided for in this section shall 
no longer apply and the assessors having jurisdic- 
tion shall, upon the direction of the commission, 
assess the said land at the value and in the manner 
provided by the tax law for the general assessment 



254: Miscellaneous Statutes. 

of land. Whenever the owner shall propose to cut 
any live trees from said land, except for firewood 
or building material for the domestic use of said 
owner or his tenant, he shall give the commission 
at least thirty days notice prior to the time he 
desires to begin cutting, who shall designate for the 
owner the kind and number of trees, if any, most 
suitable to be cut for the purpose for which they 
are desired, and the cutting and removal of the trees 
so designated shall be in accordance with the instruc- 
tions of said commission. After such trees are cut 
and before their removal from the land, the owner 
shall make an accurate measurement or count of all 
of the trees cut and file with the assessors of the 
tax district a verified, true and accurate return of 
such measurement or count and of the variety and 
value of the trees so cut. The assessors shall forth- 
with assess the stumpage value of the timber so cut, 
and such owner shall pay to the tax collector of the 
town in which such land is situated, before the re- 
moval of any such timber, five per centum of such 
valuation. If such owner shall fail to give such 
notices and pay such taxes he shall be liable to a 
penalty of three times the amount of such tax, and 
the supervisor of the town may bring an action to 
recover the same for the benefit of the town in any 
court of competent jurisdiction. 

§ 2. This act shall take effect immediately. 



Miscellaneous Statutes. 255 



CHAPTER 371. 

AN ACT to amend the town law, in relation to pre- 
venting and fighting forest fires. 

Became a law April 15, 1912, with the approval of the 
Governor. 

The People of the State of New York, represented 
in Senate and Assemhly, do enact as folloius: 

Section 1. Section eighty-nine of chapter sixty- 
three of the laws of nineteen hundred and nine, 
entitled "An act relating to towns, constituting chap- 
ter sixty-two of the consolidated laws," as amended 
by chapter four hundred and ninety-one of the law^s 
of nineteen hundred and nine, as amended by chapter 
six hundred and thirty of the laws of nineteen hun- 
dred and ten, is hereby repealed. 

§ 2. Subdivision eight of section ninety-eight of 
such chapter as added thereto by chapter six hun- 
dred and thirty of the laws of nineteen hundred and 
ten is hereby amended to read as eight.* 

8. In towns other than those mentioned in section 
ninety-seven of the conservation law, the supervisor 
shall, by virtue of his office, be superintendent of 
fires of his town and charged "svith the duty of pre- 
venting and extinguishing forest firss. He sliall 

'■■ So in the original. 



256 Miscellaneous Statutes. 

have power to employ persons to act as forest rangers 
in preventing and fighting fires and to employ neces- 
sary assistants therefor, and shall possess all the 
power and authority conferred upon the conserva- 
tion commission, district forest ranger, forest ranger 
and fire warden under sections ninety-two and 
ninety-three of the conservation law. Any person 
summoned to figlit forest fires who is physically able 
and refuses to assist shall be liable to a penalty of 
twenty dollars. The town board of each town shall 
at its first annual meeting designate one of its 
members to act as such superintendent of fires for 
the ensuing year in case of absence of the supervisor. 
The town board shall fix the compensation of all 
forest rangers and assistants employed under the 
provisions of this section and all expenses incurred 
under the provisions of this section shall be a charge 
upon and paid by tiie town. 

§ 3. This act shall take effect immediately. 



MisceUancous Statutes. ' 257 



CHAPTER 474. 

AN ACT to amend the penal law, in relation to 
malicious mischief. 

Became a law June 11, 1910, with the approval of 
the Governor. 

The People of the folate of Keio Ycirh, represented 
in, Senate and Assembly, do enact as follows: 

Section 1. Section fourteen hundred and twenty- 
one of chapter eighty-eight of the laws of nineteen 
•hundred and nine, entitled "An act providing for the 
punishment of crime, constituting chapter forty of 
the consolidated laws," is hereby amended to read 
as follows: "^ 

§ 1421. Burning crops or timber, how punished. 
A person who, under circumstances not amounting 
to arson in any of its degrees: 

1. Wilfully burns or sets fire to any grain, grass 
or grovv'ing crop, or stiinding timber, or to any build- 
ing, fixtures or appurtenances to real property of 
another, or 

2. Wilfully sets fire to, or assists another to set fire 
to any wild, waste or forest lajuls, belonging to the 
state or to another person whereby such forests are 
injured or endangered; 



258 



Miscellaneous Statutes. 



Is guilty of felony and is punishable by imprison- 
ment for not more tlian ten years or by a fine of 
not more than two thousand dollars, or by both. 

§ 2. This act shall take effect July first, nineteen 
hundred and ten. 



RULES AND REGULATIONS. 



FOREST PRESERVE AND ST. LAWRENCE 
RESERVATION. 



(Pursuant to Section 55 of Chapter 65 of Consol- 
idated Laws as amended by Chapter 444 of the 
Laws of 1912.) 

(Adopted April 30, 1912.) 

1. Caution must be exercised in building camp 
fires and in setting fires of any kind. All inflam- 
mable material must be cleared from the ground be- 
fore fires are kindled. On the Thousand Island reser- 
vation, where fire places are provided, fires must not 
be kindled elsewhere. Fires must be completely ex- 
tinguished before they are abandoned. 

2. Lighted matches, burning cigars or cigarettes 
must not be thrown on the ground. Extinguisli 
them first. 

3. Xo structures except canvas tents are permitted. 
On the Thousand Island reservation such tents must 
be pitched at least 200 feet away from any public 
fire place or boat landing. 

[259] 



260 Rules and Regulations. 

4. Dancing in any of the public buildings is pro- 
hibited. 

5. Xo one may claim the right of exclusive use of 
any particular camp or tent site from year to year. 

6. Defacing buildings, pealing bark or injuring 
trees is prohibited. ■i 

7. No boat is entitled to the exclusive use of any 
dock. There must be free access for all boats at all 
times. 

8. Persons using the St. Lawrence reservation must 
not leave refuse on the grounds. 

9. All persons will be held strictly liable to the 
State for any damage done to State property. 



INFORMATION FOR CAMPERS. 



An}' citizen may camp temporarily on the State 
land in tlie Adirondacks, the Catskills, Lake George 
and the St. Lawrence river. No written permit is 
required, nor can one be granted by anybody. The 
Constitution of the State of New York provides that 
the land in the Forest Preserve shall not be leased, 
sold or exchanged, but must be kept as wild forest 
lands. Tents are the only structures permitted in 
the woods, but board floors may be used. No person 
is entitled to call any particular site his own from 
year to year. Portable houses are prohibited. So 
is the erection of any permanent shelter, such as a 
bark house, lean-to or log camp. Peeling bark is 
absolutely prohibited. Fires may be lighted for 
cooking, warmth and insect smudges, but before a 
fire is lighted ample space must be cleared around 
tlie spot so that the fire shall not spread, and before 
leaving the place the fire must be thoroughly extin- 
guished. All other fires are absolutely forbidden. 
Hunters and smokers must be careful not to set fires 
in the woods by the use of firearms, pipes or cigars. 
Special care must be taken that lighted matches are 

[261] 



262 Information for Campers. 

extinguished before throwing them down in the 
woods. Campers will be held strictly responsible for 
any damage or injury to the forest which may result 
from carelessness or neglect. 



FOREST DON'TS. 
DON'T 

Don't drop lighted matches. 

Don't drop burning cigars or cigarettes. 

Don't leave a camp fire until it is extinguished. 

Don't wait but put out every fire you see. 

BURN 

Why not protect the forest, the home of the game 
animals and game birds; nature's agent in regulat- 
ing stream flow and source of cool water for fish; 
the great health resort and play ground; also the 
source of necessary wood supply. 

THE 

Use the property of others as carefully as if it 
were your own. The loss due to forest fires in 
New York is several million dollars a year. It is 
nearly all due to carelessness and preventable. If 
we are all careful this loss will be greatly reduced 
and everyone benefited. 

FORESTS. 

[263] 



ORDER PROHIBITING TAKING 
OF BASS IN LAKE GEORGE. 



STATE OF XEW YORK. 
Conservation Commission. 

A petition in writing by Henry W. Hayden under 
section one hundred fifty-two of the Conservation" 
Law as amended by chapter three hundred eighteen 
of the Laws of nineteen hundred twelve, having been 
duly presented to this Commission requesting addi- 
tional or other protection to be afforded certain 
species of fish in the waters of Lake George and a 
notice of a public hearing thereon having been duly 
published and given and such hearing having been 
held, we do herebj^ determine, upon said petition and 
the evidence taken on said hearing and proceedings 
had thereon, that the species of fish known as black 
bass, by reason of danger of extermination, requires 
during the open season protection in said Avatera 
additional to the protection afforded b}^ the pro- 

[264] 



Taking Bass in Lake George. rC5 

visions of Article V of said Conservation Law, and 
we hereby order, — 

That the taking, in the waters of Lake George, of 
such species of fish known as black bass be and the 
same is hereby prohibited except from the first day 
of August to the thirtieth day of November inclu- 
sive. This order shall take effect on the fifteenth 
day of June, nineteen hundred twelve, and shall not 
be operative after the thirty-first day of December, 
nineteen hundred twelve. 

The petition so far as the same requests additional 
protection in said waters for the species of fish com- 
monly called lake trout and pickerel, is denied for 
the reason that at the present time of the year the 
relief could not be granted so as to become effective 
during the present year. 
Done at the city of Albany, N". Y., on 
this eighth day of May, in the year 
nineteen hundred twelve. 

George E. Vax Kennen, 

Chairman. 
James W. Fleming, 
John D. INIggre, 
[l. s.] Conservation Commissioners. 



266 Taking Bass in Lake George. 

Attest : 

Albert E. Hoyt, 

Secretary to the Commission. 
State of New Yokk, 



^ss 
City and County of Albany 

I, Albert E. Hoyt, Secretary to the Conservation 
Commission, State of Kew York, do hereby certify 
that the foregoing is a true copy of tlie original 
order in the matter of the petition of Henry W. 
Hayden for additional protection to black bass, lake 
trout, and pickerel in the waters of Lake George, 
State of New York, as duly signed by said Conserva- 
tion Commission on the eighth day of May, 1912, 
and entered pursuant to law in the book of minutes 
of said Conservation Commission. 

I further certify that the said copy has been 
compared by me with the original thereof and that 
the same is a correct transcript therefrom and of 
the whole of said original. 

Witness my hand and the seal of said Con- 
servation Commission, this Sth. day of 
May, 1912. 
[L. s.] Albert E. Hoyt, 

Secretary to Commission. 



PROTECTORS' ROSTER. 



Llewellyn Legce. .Chief Protector, Binghamton. .Broome Co. 
Deputy Chief Protector, 



DIVISION CHIEFS. 

M. C. Worts Div. Chief Oswego Oswego Co. 

John E. Leavitt. . .Div. Chief Johnstown. . . .Fulton Co. 

R. B. Nichols Div. Chief Indian Lake. .Hamilton Co. 

B. H. McCoUom. .Div. Chief Canton St. Lawrence Co. 

J. V. Sauter Div. Chief New York New York Co. 

Wm. C. Farley Div. Chief Waverly Tioga Co. 

Wm. H. Weston. .. Div. Chief Syracuse Onondaga Co. 

Div. Chief 

Byron A. Cameron. Div. Chief Saranac Lake . Franklin Co. 

Div. Chief 

Div. Chief 

Div. Chief 

Div. Chief 

Div. Chief 

Div. Chief 

Superintendent of Inland Fisheries. 



PROTECTORS. 

Name. Residence. County. 

Thos. H. Allen Port Washington. . . . Nassau. 

Benj.- M. Bailey White Plains Westchester, 

J. E. Ball Old Forge Herkimer. 

Jos. Barry Carmel Putnam. 

F. Bauernschmidt New York City New York. 

Carl A. Beebe Painted Post Steuben. 

Wm. G. Bell Heuvelton St. Lawrence. 

Fred'k H. Bellinger Forestport Oneida. 

Chas. A. Bennett Waterport Orleans. 

Edward J. Birch Amsterdam Montgomery. 

D. H. W. Benson Far Rockaway Queens. 

Chas. A. Bissell Newcomb Essex. 

John W. Broderick Niagara Falls Niagara. 

Wm. H. Burnett Lake George. Warren. 

L. H. Burnside Norv/ich Chenango. 

Patrick F. Butler Troy Rensselaer. 

Wm. J. Butler Long Lake Hamilton. 

[267] 



2GS Protectors' Uoster. 



Name. Residence. County. 

M. J. Callahan ^lontour Falls Schuyler. 

Z. T. Cater CatskiU Greene. 

W. D. Cloyes Cortland Cortland. 

Jas. A. Colloton Albany Albany. 

A. J. Conklin Matteawan Dutchess. 

Eugene C. Cross Neversink Sullivan. 

H. B. Cruikshank Salem Washington, 

Chester C. Culver Penn Yan Yates. 

Geo. Davis Lyons Wayne. 

W. L. Delaney Albany Albany. 

J. M. DeSilva Griffins Corners Delaware. 

H. C. DeWolf Batavia Genesee. 

Fred DeWitt Napanoch Ulster. 

C. T. DoVille Sodus Point Wayne. 

Elton B. Downing Lafayette Onondaga. . 

Calvin Emerick Glasco Ulster. 

Jas. S. Ford Malone. . Franklin. 

Chas. J. Franklin Ovid Seneca- 
Edmund Gallagher Brooklyn Kings. 

E. H. Gammon Spencerport Monroe. 

Edward Geenen Buffalo Erie. 

Edward C. Gleason Wayne Schuyler. 

J. A. Ginder Schenectady Schenectady. 

R. Hume Grant Hobart Delaware. 

Harry P. Haff IsUp Suffolk. 

Fred'k W. Hamilton Syracuse Onondaga. 

Jay Hand. Cranberry Lake St. Lawrence. 

Miles Hazelton Middleburg. ........ Schoharie. 

Henry Heffernan Hammondsport Steuben. 

Wm. Herrick Clay Onondaga. 

Edgar Hicks West New Brighton.. Richmond. 

Cyrus M. Hiller Cobleskill Schoharie. 

Wm. C. Hodge Buffalo Erie. 

Fred Hoffman Buffalo Erie. 

Herbert A. Horton New Suffolk Suffolk. 

Wm. H. Irons Lockport Niagara. 

Joseph Jenkins Poland Herkimer. 

Cassius A. Johnston Hoosick Falls Rensselaer. 

J. H. Kane Little Falls Herkimer. 

Dennis E. Keefe Bingham ton Broome. 

Willett Kidd Newburgh Orange, 

Emery Kinsman Harrisville Lewis. 

Chas. J. Kirby Brainardsvilie Franklin. 

Everett J. Knapp Stony Point Rockland 

Peter Knobloch Lyons Wayne. 

Chas. E. Lee IsUp Suffolk. 

Morgan B. Leland Glens Falls Warren. 

John J. McDonough Granville Washington. 



Prote^tors^ Roster. 269 

Name. Residence. County, 

John T. McCormick Brooklyn Kings. 

Richard F. Maher Dover Plains Dutchess. 

John H. Mallett Ogdensburg St. Lawrence. 

Thos. E. Marsh , . . Castile Wyoming. 

C. H. Masten. Gloversville Fulton. 

Lewis S. Morris Scottsburg Livingston. 

D. E. Moxley Saranac Lake Franklin. 

M. C. Murphy Horseheads Chemung. 

F. C. Mullin Dexter Jefferson, 

Wm. F. Newell Mount Vision Otsego. 

J. H. North Plattsburgh Clinton. 

Joseph Northrup. Alexandria Bay Jefferson. 

E. R. Overton East Quogue Suffolk. 

A. O. Perkins Windsor Broome. 

Wallace L. Reed Canandaigua Ontario. 

Chas. Riley Plattsburgh Clinton. 

W. H. Ronald Wells Hamilton. 

Edward St. Clair Franklin Falls Franklin. 

N. A. Scott Greenfield Center. . . . Saratoga. 

Sherman S. Scott Fillmore Allegany. 

Dan. W. Seckington Elizabethtown Essex. 

Thos. J. Sheridan Saratoga Springs. . . . Saratoga. 

Joseph T. Smith Colton St. Lawrence. 

M. S. Smith Mayville Chautauqua. 

Robert Somerville Sodom Warren. 

Chas. R. Staplcy Geneseo Livingston. 

George E. Sutton Mount Kisco Westchester. 

Fred'k G. Thomas Ticonderoga Essex. 

George H. Travis Cleveland Oswego. 

John B. Vann Ithaca Tompkins. 

R. E. Warren Hampton Washington. 

Merton Westcott. Waterville Oneida. 

Cleveland Wheaton Amsterdam Montgomery. 

John Willis Oneida Madison. 

O. C. Woolf Elmira Chemung. 

C. G. Worden Oriskany Oneida. 

Chas. H. Yaple Owcgo Tioga. 

Verne A. Zimmer Canaseraga Allegany. 



n 



ROSTER OF DISTRICT FOREST 

RANGERS AND FOREST 

RANGERS. 



DISTRICT No. I. 

John Harding District Forest Ranger .... Saranac Lake. 

(Franklin, Clinton and northern half of Essex counties.) 

Franklin County. 
Forest Rangers: 

Loon Lake Station (P. O. Inman) . . . Lawrence Keese, 

Lyon Mountain Patrick Hennessey, 

Santa Clara Frank Smith. 

Saranac Lake John H. LaPan. 

Tupper Lake John Timmons. 

Observers: 

Ampersand Mt. (P. O. Saranac Lake). M. H. Barry. 
DeBar Mt. (P. O. Meacham Lake) . . J. Yarkey, 

Loon Lake Mt. (P. O. Inman) 

Mt. IMorris (P. O. Tupper Lake) 

St. Regis yit. (P. O. Paul Smiths) . . . Harry Thompson. 

Fire Wardens: 

Alder Brook "Wm. Keegan. 

Axton (P. O. Corey's) Frank W. Eldred. 

Bartlett's Carry Elmer Dockum. 

Bay Pond John Redwood 

Corey's W. S. Beckman. 

Duane I'loyd Selkirk. 

Faust Thomas ^iurray. 

Franklin Falls Baron Ling. 

Franklin Falls Ned Dewey. 

Goldsmith's Chas. Rascoe. 

Gile Earl F. Day. 

Kildare George W. Best. 

Lake Kushaqua S. L. Page. 

Loon Lake Chas. Stickney. 

[270] 



Forest Rangers. 271 

Madawaska James Eccles. 

Mountain View Albert Tebeau. 

IMeacham Lake George W. Cushman. 

IVIcCoUom's Clarence McArthur. 

Paul Smith's Benj. A. Muncil. 

Rainbow Lake A. K. Swinyer. 

Santa Clara H. H. Brownson. 

St. Regis Falls O. L. Wilson. 

St. Regis Falls J. A. Fraser. 

Tupper Lake John D. McCarthy. 

Union Falls J. B. Hough. 

Upper Saranac Willard Boyce. 

Vermontville Geo. B. Tyler, 

Plantation Ranger: 

Paul Smiths (P. O. Paul Smiths) John C. Downs. 

Clinton County. 
Forest Rangers: 

Altona Wm. A. Wray. 

Ausable Forks Dennis Fox. 

Saranac Filmore Bresett. 

Observer: 

Lyon Mt. (P. O. Chazy Lak?) Jos. E. Gardner. 

Fire Wardens: 

Altona T. P. Casey. 

Ausable Forks T. E. Bombard. 

Altona Chas. Conners. 

Black Brook Edward Dougherty. 

Dannemora Zoc Vincent. 

Chazy Lake Geo. S. Badger. 

EUenburg Richard Gilmore. 

Ellenburg Center Geo. W. Gilbert. 

EUenburg Depot Clifton McGregor. 

Harkness Chas. Harkness. 

Keeseville Geo. W. Smith. 

Lyon Mountain S. D. Healey. 

Essex County. 
Forest Rangers: 

Bloomingdale Peter O'Malley. 

Keeseville John C. Bowe. 

Keene Roger W. Slattery. 

Lake Placid John A. Hennessey. 

Elizabethtown Morgan O'Donnell. 



272 Forest Rangers. 

Observers: 

Hurricane Mt 

Poke-0-Moonshine Mt. (P. O. ). Emmet Fuller. 

Whiteface Mt 

Fire Wardens: 

Ausable Forks James Hopkins. 

Cascadeville Chas. Goff. 

Deershead Gifford Cross. 

Jay Jamea Hopkins. 

Keeseville John D. Sullivan. 

Newman Fred C. Mihill. 

Newman Rufus Alford. 

New Russia Thomas Meagher. 

Raybrook Dr. A. H. Garvin. 

Saranac Lake W. S. Fowler. 

St. Huberts W. Scott Brown. 

St. Huberts John Trumbull. 

Wilmington John Lennan. 

Wilmington James C. Wolfe. 

Plantation Rangers: 

Chubb Hill (P. O. Lake Placid) E. J. Madden. 

Ray Brook (P. O. Ray Brook) Frank Prentice. 



DISTRICT No. II. 
P. J. Cimningham. . . . District Forest Ranger. . . . North Creek. 
(Southern Essex, Warren, Washington and northwestern Hamilton 
counties.) 

Essex County. 
Forest Rangers: 

Aiden Lair Fred Butler. 

Newcomb Wm. Lahase. 

North Hudson Wm. Greenough. 

Olmstedville Chas. T. Barnes. 

Schroon Lake Samuel Russell. 

Observers: 

Adams Mt. (P. O. Tahawus) Cornelius O'Neil. 

Boreas Mt. (P. O. Blue Ridge) Joseph Hamner. 

Pharoah Mt. (P. O. Schroon Lake) . . June Burnell. 
Vanderwhacker Mt. (P. O. Newcomb). Grover Lynch. 
Makomis Mt. (P. O. Underwood) . . . Wm. J. Boves. 
Belfry Mt. (P. O. Port Henry) Jos. O'Connor. 



Forest Rangers, 273 



Fire Wardens: 

Blue Ridge Wm. Bruce. 

Elk Lake (P. O. Blue Ridge) Dell O'Neil. 

Loch MuUer Arthur E. Warren. 

Mineville Edward Dal ton. 

Newcomb A. E. Bibby. 

Newcomb John Spain. 

North Hudson Wm. Sturtevant. 

Olmsted ville Thos. Donnelly. 

Paradox Wm. Sage. 

Tahawus David Hunter. 

Underwood Wallace Gary. 

Warren County. 
Forest Rangers: 

Athol Charles Olds. 

Chestertown. John H. Smith. 

Johnsburg Robert Armstrong. 

Knowelhurst Dudley Kenyon. 

Horicon Frank Owens. 

North Creek Wm. Collins. 

Warrensburgh Robert Cunninghaxxu 

Glens Falls Daniel Sweenejr. 

Observers: 

Crane Mt. (P. O. Athol) J. Burch. 

Gore Mt. (P. O. North Creek) J. Donohue. 

Prospect Mt. (P. O. Luke George) . . . Fred Worden. 

Swede Mt. (P. O. Hague) Fred Bolton. 

Fire Wardens: 

Athol Chas. H. Baker. 

Bolton Landing Geo. O. Benton. 

Bolton Landing Smith Hastings. 

Glens Falls Wm. Van Deusen. 

Glens Falls Henry Graney. 

Hague Edward Ross. 

Horicon Samuel C. Baker. 

Hill View A. Lockhart. 

Johnsburg D. M. Haley. 

Johnsburg Geo. Armstrong. 

Johnsburg Robt. Richards. 

Lake George Edward J. Worden. 

Luzerne Walter Linindoll. 

Luzerne John Noonan. 

North River . Fred Rogers. 

Queensbury Wm. McEchron. 

Stony Creek Beecher Glassbrook. 

Thurman ' Albert Westcott. 

Warrensburgh John J, Latham. 



274 Forest Rangers. 

Washington County. 
Forest Rangers: 

demons H. A. Barber. 

Fort Ann Walter Murphy. 

Observer: 

Black Mt. (P. O. demons) Chas. A. Chaplin. 

Fire Wardens: 

demons Otis C. Benjamin. 

Comstock Lawrence Baker. 

Fort Ann (R. D. Hudson Falls) John Sullivan, Jr. 

Shelving Rock Smith Russell. 

DISTRICT No. III. 

Wm. O'Brien District Forest Ranger .... Fulton Chain. 

(St. Lawrence, Oneida, Levvia, northern ilerldmcr and northwestern 

Hamilton counties.) 

Haaulton County. 
Forest Rangers: 

Blue Mt. Lake John J. Callahan. 

Cold River (P. O. Newcomb) D.J. Callahan. 

Long Lake L. L. Jennings. 

Long Lake West (P. O. Sabattis) .... Wm. Sibley. 

Raquette Lake Daniel Lynn. 

Sumner Stream (P. O. Raquette Lake) AUie Leffler. 

Observers: 

Blue Mt. (P. O. Blue Mt. Lake) Marvin Locke. 

Dunn Brook Mt. (P. O. Indian Lake) Paul Akey. 
Kempshall Mt. (P. O. Long Lake)... Edwin Stanton. 

Owl Mt. (P. O. Long Lake) Jas. Flynn. 

West Mt. (P. O. Raquette Lake) Cal LaPrairie. 

Fire Wardens: 

Brandeth Lake (P. O. Beaver) Curtis Hall. 

Cold River (P. O. Newcomb) Fred Wakley, 

Forked Lake (P. O. Long Lake) ..... R. J. Hosley. 
Little Tupper Lake (P. O. Sabattis) . E. H. Johnson, 
Nehasane Byron Ames. 

Herkimer County. 
Forest Rangers: 

Beaver River (P. O. Beaver) Albert Darrow. 

Clearwater (P. O. Old Forge) D. F. Charboneau. 

McKeever. E. J. Felt. 



Forest Rangers. 275 



Observers: 

Beaver Mt. (P. O. Number Four) . . . John H. Bintz. 

Rondaxe Mt. (P. O. Old Forge) Arthur E. Bull. 

Stillwater Mt. (P. O. Beaver) Eugene Barrett. 

Woodhull Mt. (P. O. McKeever) .... T. H. Tabor. 

Fire Wardens: 

Beaver River J. H. Wilder. 

Fulton Chain Thomas J. Bannon. 

McKeever Albert Merritt. 

Lewis County. 
Forest Rangers: 

Croghan Wm. Andre. 

Lowville Frank D. Burke. 

Number Four Frank Burdick 

Observers: 

Bald INIt. (P. O. Croghan) 

Moose River Mt. (P. O. JNIoose River) J. D. McHale. 

Fire Wardens: 

Croghan Peter Yousey. 

Crystaldale Stephen Baker. 

Crystaldale Herman Petrie. 

Chases Lake Geo. V. Norton. 

Greig (P. O. Glenficld R. F. D.) Roval J. Fenton. 

Glenfield C. H. Gould. 

Harrisville Jos. Menard. 

Harrisville Pat Wallace. 

Jerden Falls Winfield Cronk. 

Number Fcr.r ' . . r • •■• ...'... . Henry Turk. 

Port Leyden :'; :!'. . . Chas. E. Sears. 

Oneida County. 
Forest Rangers: 

Forestport Frank Tracy. 

White Lake Wm. Mulchi. 

g 

Fire Wardens: 

Big Otter Lake (P. O. Glenfield) W. D. Crandal!. 

Forestport W. R. Patterson. 

Otter Lake : R. G. Norton. 

Remsen CM. Williama 

White Lake Corners Roswell Putney. 



276 Forest Rangers. 

St. Lawrence County. 

Forest Rangers: 

Cranberry Lake Floyd Rosbeck. 

Oswegatchie P. E. Lobdell. 

Piercefield Fred Hayes. 

Russell (R. F. D. Russell) J. L. Leavitt. 

South Colton Albert Johnston. 

Observers: 

Arab Mt. (P. O. Piercefield) Angus Larocque. 

Catamount Mt. (P. O. Stark) F. B. Watson. 

Cat Mt. (P. O. Wanakena) 

Moosehead Mt. (P. O. Childwold) . . . W. D. Pond. 

Fire Wardens: 

Aldrich Charles Kerr. 

Benson Mines Lewis F. Rice. 

Colton J. T. Smith. 

Clare C. H. Isham. 

Clare Thomas Shaw. 

Cranberry Lake George Pustois. 

Colton H. L. Gleason. 

Childwold James Ferry. 

Childwold Dean Sevey. 

Grass River (P. O. Childwold) Archie Shurtliff. 

Kildare (P. O. Tupper Lake) John Watson. 

Moody Daniel Hinkson. 

New Bridge L. D. Spicer. 

New Bridge Edwin Jones. 

Newton Falls H. M. Clark. 

Newton Falls A. M. Buell. 

Oswegatchie Stephen Hayes. 

Ozonia (P. O. Nicholville) Robert Day. 

Star Lake C. C. Davis. 

South Colton G. A. Lindsey. 

South Colton J. J. Douglas. 

Stark Elmer Watson. 

Wanakena R. H. Hanley. 



DISTRICT No. IV. 

George E. Van Arnam .... District Forest Ranger . . Northville. 
(Fulton, Saratoga, southern Herkimer and Southern Hamilton 
counties.) 



Forest Rangers. 277 

Fulton County. 
Forest Rangers: 

Northville P. J. Conroy. 

Pine Lake H. H. Pettengill. 

Fire Wardens: 

Bleecker Edward Bleyl. 

Caroga (P. O. JohnstoAvn, R. F. D. 3) Guy Durey. 

Mayfield T. F. Embling. 

Pine Lake Alex Beaudin. 

Hamilton County. 
Forest Rangers: 

Hope Ed Call. 

Indian Lake Henry Keenan. 

Morehouseville (P. O. Rudeston) .... Jas. Donohue. 
Speculator Thos. J. Slack. 

Observers: 

Cat Head Mt. (P. O. Benson) Edw. Smith. 

Hamilton Mt. (P. O. Lake Pleasant) . Alien Dunham. 

Snowy Mt. (P. O. Indian Lake) Alvin Mattison. 

Wakeley Mt. (P. O. Indian Lake) . . , Lewis Persons. 
Tomany Mt. (P. O. Green Lake) Edw. Avery. 

Fire Wardens: 

Benson L. L. Snell. 

Cedar Lake (P. O. Indian Lake) .... Willis E. Brooks. 

Griffin H. J. Girard. 

Hope H. H. Wadsworth. 

Hope Falls Eugene Edwards. 

Indian Lake Thomas Rodgers. 

Lake Pleasant Alfred Pelcher. 

Lake Pleasant Asa Aird. 

Lake Pleasant Edgar Call. 

Piseco Arthur Fowler. 

Sabael Halsey Galusia. 

Wells Joseph A. Head. 

Wells John Z. Whitman. 

Hekkimer County. 
Forest Rangers: 

Wilmurt Truman Haskill. 

Deveraux (P. O. Stratford) 

Observer: 

Fort Noble Mt. (P. O. Wilmurt) Wm. C. Fischer. 



278 Forest Rangers. 

Fire Wardens: 

Cold Brook Eugene Hemstreet. 

Honnedaga Lake (P. O. Honnedaga) . James Wadsworth. 

Northwood Wm. Light. 

Wilmurt Ray Mcintosh. 

Wilmurt Wm. Wright. 

Wilmurt S.J. Shufelt. 

Wilmurt Philip Brondstarter. 

Saeatog.\ County. 
Forest Rangers: 

Hadley A. J. Woodard. 

West Day Cyrus Brownell. 

Observer: 

Ohmer (P. O. West Day) N. B. Tennant. 

Fire Wardens: 

Edinburgh L. L. Frasher. 

Hadley ". . . . J. H. Smead. 

West Day Fred Brownell. 

DISTRICT No. V. 

John J. IMcGrath District Forest Ranger Phoenicia. 

(Delaware, Greene, Ulster and Sullivan counties.) 

Delaware County. 
Forest Rangers: 

Arkville Alfred Bell. 

Hancock L. L. Sornberger. 

Observer: 

Twadell Mt. (P. O. East Branch) . . . Alfred Waterman. 

Fire Wardens: 

Andes J. W. Dickson. 

Downsville George Y. Signor. 

Hancock Patrick O'Rourke. 

Hancock (P. O. Long Eddy) . . Thomas Carrick. 

Lordville Samuel Kinney. 

Greene County. 
Forest Rangers: 

Westkill Robert S. Tuttle. 

Windham B. G. Dewell. 



Forest Rangers. 279 

Observer: 

Hunter ]Mt. (P. O. Edgewood) Walter Dederick. 

Fire Wardens: 

Bushnellville (R. D.) John Kelly. 

Big Hollow Schuyler C. Kirk. 

Big Hollow Moses Hitchcock. 

Haines Falls Arthur Reed. 

Jewett F. M. Gosiee. 

Lanesville Harrv D. Lane. 

Prattsville (R. D.) Herbert Truesdell. 

Ulsteh County. 
Forest Rangers: 

Ellenville George C. Russell. 

Oliyerea Fred Andrews. 

Chichester Joseph Johnson. 

Observers: 

Balsam Mt. (P. O. Seager) Walter Kittle. 

Belleayre Mt. (P. O. Pine Hill) Charles Y. Persons. 

High Point (P. O. Ellenville) Wm. Bradford. 

Mohonk Mt. (P. O. Mohonk Lake).. Frank J. Duffy. <f 

Slide Mt. (P. O. ) 

Fire Wardens: 

Accord D. E. Schoonmaker. 

Accord Milo Decker. 

Chichester Chas. W. Holley. 

Ellenville. W. S. Doyle. 

Sampsonville John Feltman. 

Seager John E. Haynes. 

Shady Elting Simpkins. 

Sundown Norman E. Du Bois. 

Mohonk Lake George B. Young. 

Walker Valley J. K. Evans. 

Woodstock Eugene Johnson. 

Sullivan County. 
Forest Ranger: 

Claryville 

Fire Wardens: 

Claryville Jarius Terbush. 

Eureka Burt Burch. 

Grooville Bert Koon. 

Livingston Manor Fred Harding. 



COURT PROCEDURE 

UNDER THE 

CONSERVATION LAW, AS AMENDED BY 
CHAPTER 444, LAWS OF 1912. 



§ 26. Actions for penalties. Actions for penalties 
for violations of any provision of this chapter shall 
be in the name of the " People of the State of New 
York; " and must be brought on the order of the 
commission, and may be compromised, settled and 
discontinued as provided in section nine of this 
chapter. Such actions, if in justices' courts, may be 
brought in any toAvn of the count}'- in which the 
penalty is incurred, or, if the defendant resides in 
another county, in any town of the county in which 
the defendant resides. 

§ 27. Costs in actions by the people. In case of 
recovery of any amount in an action brought for a 
penalty under this chapter or in any action author- 
ized by this chapter, the people shall be entitled to 
recover full costs, and at the rates as provided for 
by sections thirty-two hundred and twenty-eight and 
thirty-two hundred and fifty-one of the code of civil 
procedure, together with witnesses' fees and other 
disbursements. 

[280] 



Court Procedure. 281 

§ 28. Judgments; how enforced. Judgments re- 
covered under this chapter may be enforced by execu- 
tion against the person as provided by the code of 
civil procedure. A person taken into custody upon 
such an execution shall not be admitted to the 
liberties of the jail and shall be confined for not lesa 
than one day, and at the rate of one day for each 
dollar of the amount of the judgment recovered. No 
person shall be imprisoned more than once, or for 
more than six months on the same judgment. Im- 
prisonment shall not operate to satisfy a judgment. 

§ 29. Proceeds of actions under article five — 
moieties. Moneys reseived in an artion for a penalty 
brought under article five of this chapter, or upon 
the settlement or compromise thereof, and fines for 
violations of any of the provisions of said article 
shall be paid to the commission, which shall apply 
so much thereof as may be necessary to the payment 
of the expenses of collection and shall pay one-half 
of the balance, in cases brought by special game pro- 
tectors, to the special game protector upon whose 
information the action was brought. Regular pro- 
tectors shall not receive moieties. The commission in 
its discretion may settle or compromise any action 
to recover any penalty provided for in said articles, 
or a cause of action therefor, at such sum as it deems 
advantageous to the state. The commission may, out 
of moneys arising from such fines or penalties, pay 
the fees of magistrates and constables for services 



282 Court Procedure. 



performed in criminal actions brought upon informa 
tion of a game protector, district forest ranger, forest 
ranger or firewarden. 

§ 30. Proceeds of actions under article four. 
Moneys received in actions for penalties brought 
under article four of this chapter shall be paid to 
the commission, who shall apply so much thereof as 
may be necessary to the payment of the expenses 
of collections. The balance of such receipts shall be 
available for enforcing the various provisions of law 
for the protection of forests against fire. 

§ 31. Jurisdiction of courts in criminal cases. Sub- 
ject to the power of removal provided in the code of 
criminal procedure, courts of special sessions and 
police courts shall have, in the first instance, juris- 
diction of ofi'enses committed under this chapter, 
within their respective counties. A warrant shall be 
returnable before the magistrate issuing the same. 
And, for the purpose of this chapter only, the juris- 
diction of the courts mentioned in this section is ex- 
tended as to misde^neanors to permit the imposition 
of the fines and sentences authorized by this chapter. 

§ 32. Punishment for misdemeanor. A person con- 
victed of a misdemeanor under this chapter shall, 
except as otherwise provided herein, be punished by 
a fine of not less than ten dollars nor more than one 
hundred dollars; or by imprisonment in the county 
jail or penitentiary for not less than one day, nor 
more than one day for every dollar of such fine, or 
by both such fine and imprisonment. 



^ 



Court Procedure. 283 

§ 33. Rules and regulations; violations of, a mis- 
demeanor. Rules and regulations established by the 
commission for the enforcement of the provisions of 
article four of this chapter sliall be entered by the 
commission in its book of minutes and at least three 
copies thereof posted in public places in the towns 
in which such rules and regulations apply, at least 
thirty days before the same shall take effect. 

Any person who violates any provision of any rule 
or regulation so established by the commission, pur- 
suant to the provisions of this section shall be guilty 
of a misdemeanor and shall, upon conviction, be sub- 
ject to a fine of not to exceed one hundred dollars' or 
imprisonment for not more than thirty days or T)y 
both such fine and imprisonment. 

§ 34. Search warrants; when issued. Any justice 
of the peace, police justice, county judge, judge of a 
city court or magistrate having criminal jurisdiction 
shall, if it appear probable that fish, birds or game 
taken or possessed contrary to the provisions of 
article five of this chapter are concealed, issue a 
search warrant for the discovery thereof, in accord- 
ance with the practice provided in title two of part 
six of the code of criminal procedure, so far as the 
same are applicable thereto. 

§ 3'o. Witnesses not excused from testifying. No 
person shall be excused from testifying or producing 
any books, papers or other documents in any civil or 
criminal action, or proceeding taken or had under this 
chapter, upon the ground that his testimony might 



284 Court Procedure. 

tend to convict him of a crime, or to subject him to 
a penalty or forfeiture. But no person shall be prose- 
cuted, jiunished or subjected to any penalty or for- 
feiture for or on account of any act, transaction, 
matter or thing concerning which he shall, under 
oath, have testified or produced documentary evidence, 
and no testimony so given or produced shall be re- 
ceived against him upon any criminal investigation 
or proceeding; provided, however, that no person so 
testifying shall be exempt from prosecution or pun- 
ishment for any perjury committed by liim in his 
testimony. Nothing herein contained is intended to 
give, or shall be construed as in any man.ier giving, 
unto any corporation, immunity of any kind. 



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